Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:116160 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5478 of 2025 Applicant :- Hardev Opposite Party :- State of U.P. Counsel for Applicant :- Atul Pandey,Hemant Kumar Dubey,Prakash Chandra Tripathi Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Prakash Chandra Tripathi, learned counsel for the applicant Sri Rajeev Kumar Singh, learned A.G.A. for the State and perused the material available on record. 2. The instant bail application has been filed with the prayer to release the applicant on bail in Case Crime No. 675 of 2024, under Sections 303(2), 318(4), 317(2) BNS, Police Station Shahpur, District Gorakhpur, during the pendency of the trial. 3. Learned counsel for the applicant submits that on the basis of recovery of certain ATMs which include the ATM No. 5085461136097251 belongs to the first informant. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant has explained his criminal history in the accompanying affidavit. The applicant is a law abiding citizen and he is languishing in jail since 06.01.2025 . In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Learned A.G.A. has vehemently opposed the prayer for bail on the ground that the applicant has criminal history of ten cases of similar nature since 2015. It is also submitted that the ATM of the first informant was recovered from the possession of the applicant. 5. From the aforesaid submissions as well as materials available on record, it is clear that the first informant in her statement on 26.12.2025 under Section 180 BNS clearly stated the number of his ATM bearing 5085461136097251, which was subsequently recovered from the possession of the applicant on 06.01.20255. Apart from this considering the fact that the applicant is also involved in ten other criminal cases which are also similar in
nature, and to prevent the applicant from committing further offences and ensuring his presence before the trial court, this Court is not inclined to grant bail to the applicant, at this stage. 6. Accordingly, the bail application is rejected. 7. However, considering the fact that the trial is pending against the applicant.
The trial court is directed to expedite the trial of the present case as well as other cases pending against the applicant. Order Date :- 17.7.2025 sailesh Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad