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2025 DAILYLAW 20395 (ALL)

INDRAJEET v. STATE OF U.P.

BAIL/6406/2025 · 2025-04-24

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:64057 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6406 of 2025 Applicant :- Indrajeet Opposite Party :- State of U.P. Counsel for Applicant :- Abhay Kumar Singh,Gyanendra Tripathi 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. 09 of 2025, under Sections 310(2) and 317(3) of the Bharatiya Nyaya Sanhita, 2023, Police Station Bakhira, District Sant Kabir Nagar during the trial of the case. 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. It is submitted that the applicant is driver of truck and recovery of wheats which were carrying by the applicant was not aware about the status of owner of the said wheats. The said wheats are owned by the person who has booked the truck of carrying the said articles. It is further submitted that the other co-accused persons Brijesh Singh and Shreshtha Yadav have already been granted bail by this Court vide order dated dated 22.04.2025 and 23.04.2025 respectively. It is next submitted that the applicant is languishing in jail since 10.01.2025 and has no previous criminal history. It is also undertaken on behalf of the applicant that he will abide by all terms and conditions as imposed by this Court while granting bail. Learned counsel for the applicant has further submitted that in view of the aforesaid facts and circumstances, the applicant may also be released on bail. 3. Per contra, learned counsel appearing on behalf of State who has accepted notice in advance vehemently opposed the instant bail application but not contradicted the argument advanced by learned counsel for the applicant. 4. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 5. Taking into consideration all entirety of the matter as discussed above and the fact that the other co-accused namely Brijesh Singh and Shreshtha Yadav have already been enlarged on bail by this Court without expressing any opinion on the merits of the case, I am inclined to grant bail to the applicant. The bail application is allowed. 6. Let the applicant- Indrajeet who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 25.4.2025 Pratima Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad