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Neutral Citation No. - 2025:AHC:60983 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4651 of 2025 Applicant :- Anuj Opposite Party :- State of U.P. Counsel for Applicant :- Sonu Malik,Wahid Jamal 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. 58 of 2025, under Sections 109(1), 333 of the Bharatiya Nyaya Sanhita, 2023, Police Station Kotwali City, District Bijnor during the pendency of trial.
2. Learned counsel for 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 the present case due to ulterior motive. It is also submitted that as per injury report, injuries sustained by injured persons are simple in nature. It is further clarified that two injuries i.e. injury no.1 and 4 kept under observation and referred for x-ray but it is submitted that injury caused to the injured persons is not dangerous to life. It is further submitted that the applicant is first offender and there are no previous criminal history. He is languishing in jail since
24.01.2025. He is young boy. The alleged incident has taken place without any mens-rea. It is next submitted that the recovery which has been shown by the police was not supported by any independent witness. 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. Learned counsel appearing on behalf of the State has opposed the prayer for bail but could not deny the submissions advanced by
learned counsel for the applicant.
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 is first offender and has not committed any offence as alleged in the FIR. He has no previous criminal history. He is languishing in jail 24.1.2025. The investigation is still going on and there are no chance for completion of the trial in the near future. Taking into consideration all entirety of the matter as discussed above, I am inclined to grant bail to the applicant. The bail application is allowed.
6. Let the applicant- Anuj 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.
7. 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