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2025 DAILYLAW 14396 (ALL)

KASIF v. STATE OF U.P.

BAIL/4642/2025 · 2025-04-22

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:60938 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4642 of 2025 Applicant :- Kasif Opposite Party :- State of U.P. Counsel for Applicant :- Satya Narayan Gupta,Yogendra Pal Singh Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, seeking enlargement on bail in Case Crime No. 06 of 2025, under Sections 317(2), 317(4), 317(5) of the Bharatiya Nyaya Sanhita, 2023, Police Station Dehli Gate, District Meerut during the pendency of trial. 2. Learned counsel for the applicant has submitted that the applicant was not named in the FIR. The applicant was arrested along with three other co-accused on the information received by the informer of the police. They have falsely implicated in the instant case. It is also submitted that false recovery of three batteries and motors of e-rickshaws have been shown from the joint possession of the applicant. There is no independent witness to the alleged recovery. It is also submitted that there are no previous criminal history against the applicant. After arrest in the instant case, the applicant has been involved by the police in one case, which has been duly explained in paragraph 27 of the paper book. Learned counsel for the applicant undertakes that the applicant shall abide by all terms and conditions imposed by this Court while granting the bail. He has prayed for enlarging the applicant on bail. 3. Per contra, learned counsel appearing on behalf of State who has accepted notice in advance vehemently opposed the instant bail application and submitted that the applicant is involved in the cases of theft of e-rickshaws, batteries and motors. It is submitted that there are sufficient material to connect the applicant in the present case, therefore the applicant is not entitled for any relief as prayed in the instant bail application. 4. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 5. It is admitted that the applicant was not named in the FIR and he was arrested on the information received by the police on the behest of the informer, The recovery which has been shown by the polices was not supported by any independent witness. The applicant is languishing in jail since 11.1.2025. The criminal history of one case has been explained by the applicant in paragraph 27 of the paper book. 6. Taking into consideration of the nature of allegations, the gravity of the offence, the severity of punishment, the material on record to connect the present applicant with the offence and the fact that the investigation is going on and there are no chance for completion of the trial in the near future, I am inclined to grant bail to the applicant. The bail application is allowed. 7. Let the applicant-Kasif who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 23.4.2025 Pratima Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad