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2025 DAILYLAW 19352 (ALL)

RAJU PASI v. STATE OF U.P.

BAIL/5498/2025 · 2025-04-21

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:60058 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5498 of 2025 Applicant :- Raju Pasi Opposite Party :- State of U.P. Counsel for Applicant :- Yogesh Mishra 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.11 of 2025, under Sections 309(4), 317(2) of B.N.S., Police Station - Rajapur, District - Chitrakoot. 2. Learned counsel appearing on behalf of applicant has submitted that the applicant is innocent and he has been falsely implicated in the present case. He has also submitted that the recovery of Rs.170/- was made by the police is disputed as the police has not followed the procedure prescribed under the law. It is also submitted that the investigation has already been completed and charge sheet has also been filed on 25.01.2025. It is further submitted that there is no previous criminal history against the applicant. Applicant is languishing 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 A.G.A. appearing on behalf of the State, in advance notice, has vehemently opposed the bail application of applicant, but he has not disputed the submissions advanced by learned counsel for the applicant. 5. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 6. I have considered the nature of allegation against the applicant as well as recovery which has been shown by the police from possession of the applicant, applicant is already languishing in jail for about three months, the charge sheet has been filed before the competent court and there is no chance to conclude the 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 - Raju Pasi, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.25,000/- (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 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 :- 22.4.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad