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Neutral Citation No. - 2025:AHC:60974 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5514 of 2025 Applicant :- Ibrahim Alias Raja Opposite Party :- State of U.P. Counsel for Applicant :- Ambreen Masroor,Sadrul Islam Jafri,Sr. Advocate 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.7 of 2025, under Sections 317(2), 317(4), 317(5) of B.N.S., Police Station - Delhi Gate, District - Meerut. 2. Learned Senior counsel appearing on behalf of the applicant has submitted that applicant is innocent and he has been falsely implicated due to ulterior motive. He has further submitted that the applicant is not named in the F.I.R., he has been arrested along with co-accused, Faizan and Kasif on 11.01.2025 on information of informer of the police. The joint recovery of three E-Rickshaw was made by the police from possession of all the accused persons. He has further submitted that the name of present applicant has came into picture on the confessional statement of co-accused. It is further submitted that the role of applicant is to sell the stolen E- Rickshaw and the parts of stolen E-Rickshaw on better price in the market. There are no allegation of stealing the property. The main allegation of stealing E-Rickshaw qua Faizan, who has already been enlarged on bail vide order dated 11.03.2025 by Co-ordinate Bench of this Court. 3. Learned Senior counsel appearing on behalf of the applicant has further submitted that the applicant is on better footing of co- accused, who has already been enlarged on bail by the Co-ordinate Bench of this Court. He has further submitted that after completion of investigation, charge sheet has been submitted by the police before the competent court. There is no previous criminal history against the applicant except one case, which has been explained in paragraph 23 of the paper book. Applicant is languishing in jail since 11.01.2025. 4. 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. 5.
Per contra, learned AGA has vehemently opposed the bail application and has submitted that a syndicate of co-accused Faizan is involved in stealing the E-Rickshaw and parts of E- Rickshaw and the role assigned to the present applicant to sale the stolen E-Rickshaw in better price, therefore, it is wrong to say that the present applicant is on better footing. It is further submitted that the applicant is an E-Rickshaw driver. The present applicant has failed to make out any case for grant of bail. It is also submitted that after completion of investigation, charge sheet has been filed against the applicant and cognizance has also been taken by the competent court on 05.02.2025. 6. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 7. It is not in dispute that there are no previous criminal history of the present applicant, one case was lodged against the applicant at the time of arrest. The fact that there is no allegation against the applicant for stealing any property, the only allegation was made against co-accused, Faizan, who has already been enlarged on bail by the Co-ordinate Bench of this Court, after completion of investigation charge sheet has been filed and cognizance has been taken, He is languishing in jail for more than three months and learned Senior counsel also undertakes that the applicant shall abide by all the terms and conditions as imposed by this Court and the applicant shall co-operate in the trial and there is no chance of completion of trial in near future. 8. 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. 9.
Let the applicant - Ibrahim Alias Raja, 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.
10. 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