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Neutral Citation No. - 2025:AHC:109112 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43336 of 2024 Applicant :- Viran Alias Virendra Opposite Party :- State Of U.P Counsel for Applicant :- Satya Narayan Gupta Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Shri Satya Narayan Gupta, learned counsel for the applicant, Shri S. K. Kushwaha, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 0273/2024, under Sections 305, 331, 317(2), 317(4) B.N.S., Police Station- Mahrauni, District Lalitpur.
3. Contention of learned counsel for the applicant is that the applicant is innocent and he was not named in F.I.R., subsequently on the basis of recovery of five boxes of country made liquor, he has been falsely implicated in the instant case. He further contended that there is no public witness of the aforesaid recovery. It is next submitted that applicant has explained criminal history of six cases in his affidavit. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and he is languishing in jail since 01.09.2024. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.
4. Learned A.G.A. for the State has opposed the prayer for bail but could not dispute the aforesaid facts.
5. Thus, considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
6. Let the applicant- Viran Alias Virendra involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- i. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 9.7.2025 Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad