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2025 DAILYLAW 18373 (ALL)

BHUMANIDEEN v. STATE OF U.P.

BAIL/5350/2025 · 2025-04-21

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:59630 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5350 of 2025 Applicant :- Bhumanideen Opposite Party :- State of U.P. Counsel for Applicant :- Narendra Kumar 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. 413 of 2022, under Sections 420, 467, 468, 471 IPC, Police Station Mauranipur, District Jhansi, during the pendency of the trial. 2. Learned counsel for the applicant has submitted that the applicant is 90 years old person and has not committed any offence as alleged in the FIR. It is submitted that the applicant is languishing in jail since 17.12.2024. It is also denied the allegations that the applicant has made false and fabricated documents of khatauni and no dues for making Kishan Credit Card. It is also submitted that there are no previous criminal history of the present applicant. It is further submitted that the investigation has been completed and charge-sheet has been filed before the competent court. It is next submitted that there are no chance for completion of the trial in the near future. It is submitted that taking into consideration of the age of applicant, the Court may release the applicant on bail. 3. Per contra, learned AGA appearing on behalf of State who has accepted notice in advance vehemently opposed the instant bail application but has not contradicted the fact that there are no previous criminal history of the applicant. He has also submitted that the investigation has been completed and charge-sheet has been filed. 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 a 90 years old person and is languishing in jail since 17.12.2024. There are no previous criminal history of the applicant and charge-sheet has been filed. There are no chance for completion of the trial in the near future. 6. Taking into consideration of the nature of the offence, the age of the person and the material available on record to connect the applicant in the instant offence, I am inclined to grant bail to the applicant. The bail application is allowed. 7. Let the applicant- Bhumanideen who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 25,000/- 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. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 22.4.2025 Pratima Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad