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Neutral Citation No. - 2025:AHC:66955 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4835 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 B.N.S.S. has been filed with the prayer to enlarge the applicant on bail in Case Crime No.6 of 2025, under Sections 317(2), 317(4), 317(5) of B.N.S., Police Station - Dehli Gate, District - Meerut during the pendency of the trial. 2. Learned counsel appearing on behalf of applicant has submitted that the applicant was not named in the first information report. The applicant was arrested along with three co-accused and has been falsely implicated in the instant case. False recovery of e- rickshaws, batteries and motors of e-rickshaws has been shown from the joint possession of the applicant and other co-accused. There is no independent witness to the alleged recovery. It is also submitted that there are no material on record to link or connect the applicant as alleged in the F.I.R. Prior to the instant case the applicant does not have any criminal history, however, after his arrest he has been implicated in other cases. It is further submitted that co-accused, Faizan has already been enlarged on bail by Co- ordinate Bench of this Court vide order dated 11.03.2025. The applicant is in jail since 11.01.2025. 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 AGA vehemently opposed the bail application of applicant, but he has not contradicted the facts as stated by learned counsel for the applicant during arguments. 5. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 6.
It is admitted fact that applicant applicant was not named in the first information report; there is no independent witness to the alleged recovery; co-accused, Faizan has already been enlarged on bail vide order dated 11.03.2025 by Co-ordinate Bench of this Court, applicant is in jail since 11.01.2025, there is no material on record to show that the applicant will not cooperate in the trial or will influence the witness, applicant is languishing in jail more than three months and there is no possibility of completion of 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 - 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.
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 :- 29.4.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad