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2025 DAILYLAW 17248 (ALL)

ROSHAN PATEL v. STATE OF U.P.

BAIL/4301/2025 · 2025-05-13

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79963 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4301 of 2025 Applicant :- Roshan Patel Opposite Party :- State of U.P. Counsel for Applicant :- Prateek Mishra,Siddhartha Baghel Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application has been filed by applicant under Section 483 of B.N.S.S., seeking bail in Case Crime No. 277 of 2024 under Sections 309 (4), 317 (2) and 3 (5) of B.N.S., Police Station Lalganj, District Mirzapur. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case. It is further submitted that similarly placed co-accused, Rangilal @ Vishal Bind and Nilay Sarkar @ Niley have already been granted bail by this Court vide orders dated 02.05.2025 and 05.05.2025 passed in Criminal Misc. Bail Application Nos. 11715 of 2025 and 9496 of 2025 respectively and, therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant is languishing in jail since 05.12.2024. It is also undertaken on behalf of the applicant that he shall abide by all terms and conditions as imposed by the Court while granting bail. 3. Per contra, learned counsel appearing on behalf of the State has vehemently opposed the instant bail application but he could not dispute the aforesaid facts as stated by the learned counsel appearing on behalf of applicant. 4. Heard learned counsel for the applicant, Sri Vijay Kumar Rathi, learned Brief Holder for the State and perused the material available on record. 5. Taking into consideration the aforesaid reasons as stated above and the fact that similarly placed co-accused, Rangilal @ Vishal Bind and Nilay Sarkar @ Niley have already been granted bail by this Court, without expressing any opinion on the merit of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 6. Let the applicant - Roshan Patel, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- (Rupees 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 the 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 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of 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. 7. 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 :- 14.5.2025 Shiraz Digitally signed by :- SHIRAZ ALI High Court of Judicature at Allahabad