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Neutral Citation No. - 2025:AHC:61094 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4661 of 2025 Applicant :- Aniket Opposite Party :- State of U.P. Counsel for Applicant :- Anil Mishra,Jitendra Kumar Tiwari 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.499 of 2024, under Sections 303(2), 317(2), 317(4), 318(4), 338, 336(3), 340(2), 3(5) of B.N.S., Police Station - Kotwali Orai, District - Jalaun. 2. Learned counsel appearing on behalf of applicant has submitted that the present applicant is innocent and he has been falsely implicated in the present case. He has also submitted that the applicant is not named in the F.I.R. Applicant has no previous criminal history expect the present case. Applicant is languishing in jail since 12.08.2024. He has further submitted that the identically placed co-accused, Dharmendra has already been enlarged on bail by Co-ordinate Bench of this Court vide order dated 04.04.2025. It is also undertaken on behalf of applicant that he will abide by all terms and conditions as imposed by this Court while granting bail. Learned counsel for the applicant further submitted that in view of the aforesaid facts and circumstances, applicant may also be released on bail. 3. Per contra, learned counsel appearing on behalf of State who has accepted notice in advance, vehemently opposed the instant bail application but not contradicted the facts as stated by learned counsel for the applicant that other co-accused namely Dharmendra has already been enlarged on bail by the Co-ordinate Bench of this Court. 4. Heard learned counsel for the applicant as well as learned A.G.A. appearing on behalf of the State in advance notice and perused the material on record. 5. Taking into consideration all entirety of the matter as discussed above and the fact that the other co-accused namely Dharmendra
has already been enlarged on bail by the Co-ordinate Bench of this Court, without expressing any opinion on the merits of the case, I am inclined to grant bail to the applicant. The bail application is allowed. 6. Let the applicant- Aniket 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. . (Chandra Dhari Singh, J.) Order Date :- 23.4.2025 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