Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:61797 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5520 of 2025 Applicant :- Niranjan Singh Alias Chunnu Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Upadhyay,Vinod Kumar Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, Shri Arimardan Yadav, learned A.G.A. for the State and perused the entire material available on record. The applicant- Niranjan Singh alias Chunnu, has filed this bail application with a prayer to enlarge him on bail in Crime No. 330 of 2024, under Sections- 303(2), 317(2), 317(5), 318(4), 338, 336(3) B.N.S. 2023 Section 60/63 Excise Act and Section 4/25 Arms Act, Police Station Refinery, District Mathura, during the pendency of the trial. As per version of the FIR, the allegation against the applicant is that he was found driving a vehicle being Creta Car having registration No.DL1CX4144, which is alleged to be stolen on 17.12.2024 from Delhi. While going to Patna by the aforesaid stolen Creta Car, the applicant was apprehended by the Police and six packets of whisky was recovered from the aforesaid stolen Creta Car. One another vehicle i.e. TATA Harrier was also recovered along with the aforesaid stolen Creta Car. The applicant is owner of Niranjan Motors having registration No. Udyam/BR- 26/0012118 in Micro, Small and Medium Enterprises Govt. of India. Applicant is running the motor garage in the name of Niranjan Motors since 20 years at Patna, Bihar. The police personnel had taken away hard disk of CCTV cameras of the motor garage. The applicant has criminal history of two cases which is explained in paragraph no.30 of the affidavit filed in support of the bail application. The applicant is languishing in jail since 25.12.2024 and there is no possibility of completion of trial in near future. Learned A.G.A. have opposed the bail application by submitting that the applicant was found driving a vehicle being Creta Car which was stolen on 17.12.2024 from Delhi. From the stolen Creta Car six packet of whisky is stated to have been recovered. He
further submits that although the applicant has been granted bail in other cases but there is a possibility of repeating the same crime in the society if the applicant is enlarged on bail. I have heard learned counsel for the parties and perused the record.
Along with the present case, other FIRs have been registered against the applicant and as such inference can be drawn against the applicant that he is a habitual offender and is involved in heinous crimes. The totality of circumstances and the gravity of offence mentioned in the said FIRs go against the applicant. Thus, there is no reasonable ground for this Court to believe that the applicant is not a guilty of such offences and applicant is not likely to commit any offence in future while on bail. Considering the submissions of learned counsel for the parties, nature of allegations, gravity of offence and all attending facts and circumstances of the case, the Court is of the opinion that it is not a fit case for bail. Hence, bail application of the applicant is hereby rejected. It is made clear that observation made herein-above are limited to the facts brought in by the learned counsel for the parties pertaining to the disposal of the bail application and the aforesaid observations shall have no bearing on the merits of the case during trial. Order Date :- 11.4.2025 SFH Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad