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Neutral Citation No. - 2025:AHC:130898 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41692 of 2024 Applicant :- Awadhesh Kumar Bind Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Nand Singh,Om Prakash Gupta,Shobha Devi Counsel for Opposite Party :- G.A. And Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44774 of 2024 Applicant :- Ajay Kumar Bind Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Mishra,Mohammed Monish,Naiyar Husain,Syed Abid Ali Naqvi Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J.
1. Both the bail applications are arising out of the same case crime number, therefore, on the consent of the parties are being heard and decided together by a common judgment/order. 2. Sri Krishna Nand Singh, learned counsel appeared for the applicant-Awadhesh Kumar Bind, Sri Naiyar Husain, learned counsel appeared for applicant-Ajay Kumar Bind, learned A.G.A. for State and perused the record. 3.. The present bail application has been moved by the applicant-accused Awadhesh Kumar Bind & Ajay Kumar Bind for the offence punishable under Sections 316(2), 318(4), 336(3), 338, 340(2) of B.N.S. in Case Crime No.165 of 2024, Police Station- Duddhi, District Sonbhadra. 4. Sri Krishna Nand Singh & Sri Naiyar Husain, learned advocates appeared for the applicants and submits that the accused applicants have been falsely implicated in the case. The F.I.R. has been registered after a delay of three days against anonymous person with the allegation that he received phone call of one of the accused and shown that there is some requirement of money, for which, the accused wants to sell his two gold coins (ginni), which the informant had purchased for
Rs.1,40,000/-. The gold coins, which he had purchased were fictitious. The accused is in jail since September, 2024. The charge sheet has been submitted. The accused is ready to face trial. As such, he prays that the accused/applicant be enlarged on bail. 5. Per contra, learned A.G.A. has opposed the bail application and submits that he does not have any instructions whether the charge sheet has been submitted or not. The accused has fooled the informant and sold the fictitious ginni. 6. This court has taken into consideration the rival submissions made by learned counsel for the parties and perused the records. 7.
The perusal of the record prima facie reveals that the F.I.R. has been registered with a delay of nearly three days against anonymous person. The informant had purchased the gold coins (ginni) for Rs.1,40,000/-, which were found to be fictitious. The accused is in jail since September, 2024. The charge sheet has been submitted. 8. Hence, without touching merit of the case, the bail application is allowed. 9. The accused/applicants be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned in view of observation made by the Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685]. 10. The accused-applicants shall cooperate in judicial process for fair and speedy disposal. Order Date :- 4.8.2025 Shivangi (Avnish Saxena, J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad