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2025 DAILYLAW 19340 (ALL)

BRIJESH SINGH v. STATE OF U.P.

BAIL/5565/2025 · 2025-04-21

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:60384 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5565 of 2025 Applicant :- Brijesh Singh Opposite Party :- State of U.P. Counsel for Applicant :- Akhil Krishna,Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application has been filed on behalf of the applicant under Section 483 of the B.N.S.S., 2023 for seeking regular bail in Case Crime No. 09 of 2025, under Section 310(2), 317 (3) BNS, Police Station - Bakhira, District - Sant Kabir Nagar during pendency of the trial. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. He is not named in the FIR. No recovery stolen property was made from the possession of the applicant. There is no criminal history against the applicant. The applicant is languishing in jail since 09.01.2025 i.e. more than 3 months. It is also submitted that in view of the facts and circumstances of the case, it is prayed on behalf of the applicant that the applicant may be released on bail in the aforesaid crime. It is further undertaken that applicant shall abide by all terms and conditions as imposed by the Court while granting bail. 3. It is further submitted that the other co-accused Shivam Soni and Chandan Nishad have got anticipatory bail by the co-ordinate Bench of this Court vide order dated 03.03.2025 and 24.03.2025 passed in Criminal Misc. Anticipatory Bail Application Nos. 1272 of 2025 and 1987 of 2025 respectively. 4. Learned counsel for the State has vehemently opposed the instant bail application but could not dispute the fact that anticipatory bail has been granted to other co-accused persons as stated by the learned counsel for the applicant during argument. Based on instructions received, learned AGA stated that after completion of the investigation, charge sheet has been filed in this case. 5. Heard learned counsel for the applicant, learned AGA for the State and perused the material available on record. 6. It is admitted fact that the applicant is not named in the FIR and he was arrested by the police on the information received by the informer. No stolen property was recovered from the possession of the applicant. Other co-accused persons have already been granted anticipatory bail by the co-ordinate Bench of this Court. 7. Taking into consideration all entirety of the matter as discussed above, and without expressing any opinion on the merit of the case, I am inclined to grant bail to the applicant. The bail application is allowed. 8. Let the applicant - Brijesh Singh, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rupees twenty five 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 the 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 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of 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. Order Date :- 22.4.2025 S.K.S. (Chandra Dhari Singh,J). Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad