Neutral Citation No. - 2025:AHC:59968 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5457 of 2025 Applicant :- Shahvej Alias Makki Opposite Party :- State of U.P. Counsel for Applicant :- Dhiraj Kumar Pandey 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.270 of 2024, under Sections 308(5), 351(3) of B.N.S., Police Station - Kotwali Mandi, District - Saharanpur. 2. Learned counsel appearing on behalf of applicant has submitted that the applicant is a reputed journalist and he used to bring the true facts in the newspaper. It is further submitted that since he had published the articles against the informant, therefore, informant has lodged the instant F.I.R. only for the purpose of falsely implicating the present applicant. It is also submitted that applicant is deeply rooted person of the society and also a permanent resident of Lohani Saraye, Police Station Qutubsher, District Saharanpur. It is further submitted that applicant is languishing in jail since 28.11.2024. It is also submitted that after completion of investigation, charge sheet has been filed on 30.11.2024 and cognizance has already been taken on 21.01.2025. There are previous criminal history of three cases, which have been explained in paragraph nos.13, 14 and 15 of the paper book. 3. Taking into consideration the aforesaid facts, it is prayed on behalf of applicant that he may be released on bail in the aforesaid crime. It is further undertaken by learned counsel for the applicant that applicant 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 applicant and submitted that applicant is the habitual offender and his tendency is to blackmail the people for grabbing the money. It is also submitted that there are sufficient material collected by the police during investigation to connect the present applicant with the instant offence. It is further submitted that the applicant has not make out any case for releasing him on bail. 5. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 6. The present applicant is local journalist and used to publish the articles to bring true facts in the society, therefore, he has been implicated in the instant crime, the criminal history which has been explained by the applicant, applicant is languishing in jail for about five months, applicant is deeply rooted person of the society and also a permanent resident of Lohani Saraye, Police Station Qutubsher, District Saharanpur. It is also submitted that after completion of investigation, charge sheet has been filed before the competent court and cognizance has already been taken by the competent court and there is no chance to conclude the trial in near future. 7. Taking into consideration all the entirety of the matter as discussed above, without expressing any finding or opinion on merits of the case, the applicant is releasing on bail. Accordingly, the bail application is allowed. 8. Let the applicant - Shahvej alias Makki, who is involved in aforementioned case crime be released on bail on his 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 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. 9. 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 Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad