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Neutral Citation No. - 2025:AHC:63341 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5951 of 2025 Applicant :- Sahil @ Kali @ Jatin Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Somdev Dixit 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.669 of 2024, under Section 303(2) of B.N.S., Police Station - Tundla, District - Firozabad. 2. Learned counsel appearing on behalf of the applicant has submitted that an unnamed F.I.R. was lodged by the informant. It is further submitted that applicant's name has came into picture on the statement of co-accused persons, namely, Shilendra Pal Singh and Anar Singh. It is also submitted that applicant has never arrested by the police and even when he aware that his name has been taken by co-accused persons, he surrendered himself before the concerned court on 22.01.2025, since then he is languishing in jail. There is no recovery from possession of the applicant and also no previous criminal history against him. He has further submitted that after completion of investigation, the charge sheet has been filed by the investigating officer on 24.01.2025. Applicant is languishing in jail since 22.01.2025. 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 AGA vehemently opposed the bail application of applicant but he has not contradicted the facts as stated by learned counsel for the applicant during arguments. 5. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 6. I have perused the version of co-accused, who has taken the
name of applicant at the first time, there is no recovery from possession of the applicant, the charge sheet has been filed on 24.01.2025 and it is also undertaken that the applicant shall abide by all the terms and conditions as imposed by this Court and the applicant shall co-operate in the trial and there is no chance of completion of 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 - Sahil @ Kali @ Jatin Kumar, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- (Fifty 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 :- 23.4.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad