Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:37588 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4248 of 2025 Applicant :- Birgun Dom Opposite Party :- State of U.P. Counsel for Applicant :- Rajiv Chowdhury Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant, 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 in Case Crime No. 39 of 2022, registered under Sections 392, 411 I.P.C., Police Station- G.R.P. Cantt., District- Varanasi, during pendency of the trial.
3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant is not named in the first information report. Recovery of one pair of ear ring, one mangalsutra, 120 gram Alprazolam and one ring in the shape of turtle (Kachhuwa) of yellow metal, have been shown from the possession of the applicant, which are not connected with the present first information report. Applicant is having criminal history of three other cases, which has been explained in the bail application. Applicant is languishing in jail since 02.06.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.
4. Learned A.G.A. has opposed the bail prayer of the applicant.
5. 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, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
6. Let the applicant- Birgun Dom, who is involved in the aforesaid case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. (ii) The applicant shall cooperate in the trial 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.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 17.3.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad