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2025 DAILYLAW 15115 (ALL)

ANIL KANJAD AND ANOTHER v. STATE OF U.P.

BAIL/5438/2025 · 2025-04-21

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:59846 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5438 of 2025 Applicant :- Anil Kanjad And Another Opposite Party :- State of U.P. Counsel for Applicant :- Sunit Kumar,Yatish Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application under Section 483 of B.N.S.S. has been filed for bail in Case Crime No.46 of 2024, under Sections 457, 380, 411 I.P.C., Police Station - Sector - Nadigaon, District - Jalaun. 2. Learned counsel appearing on behalf of applicants has submitted that the present applicants are innocent and they have been falsely implicated in the present case due to ulterior motive. He has also submitted that after arrest in the present case the applicants have been implicated in seven other cases including the present case. It is further submitted that in six cases the applicants have already been enlarged on bail by Co-ordinate Bench of this Court and in one case they have been granted bail by the trial court. Applicants are languishing in jail since 07.06.2024. 3. Taking into consideration the aforesaid facts, it is prayed on behalf of applicants that they may be released on bail in the aforesaid crime. It is further undertaken by learned counsel for the applicants that applicants shall abide by all terms and conditions as imposed by this Court. 4. Per contra, learned A.G.A. appearing on behalf of the State, in advance notice, has vehemently opposed the bail application of applicants and submitted that the charge sheet has been filed against the applicants on 16.08.2024. 5. Heard learned counsel for the applicants as well as learned AGA for the State and perused the record. 6. Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, charge sheet has been filed, no chance of completion trial in near future and also taking into consideration that the applicants shall abide by all terms and conditions as imposed by this Court, without expressing any finding or opinion on merits of the case, the applicants are releasing on bail. Accordingly, the bail application is allowed. 7. Let the applicants - Anil Kanjad and Ramkresh, who are involved in aforementioned case crime be released on bail on their furnishing a personal bond of Rs.50,000/- (fifty thousand) 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 applicants shall not tamper with evidence. (ii) The applicants 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 applicants are 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 them in accordance with law. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. . . (Chandra Dhari Singh, J.) Order Date :- 22.4.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad