Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 20954 (ALL)

JUNAID v. STATE OF U.P.

BAIL/6059/2025 · 2025-04-22

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:61467 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6059 of 2025 Applicant :- Junaid Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Kumar Tripathi 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.05 of 2025, under Sections 304(2) and 317(2) of B.N.S., Police Station - Delhi Gate, District - Meerut. 2. Learned counsel appearing on behalf of applicant has submitted that the applicant has not committed any offence as alleged in the F.I.R. and he has been falsely implicated due to ulterior motive. He has further submitted that the applicant is not named in the F.I.R. Police has arrested the applicant on 27.01.2025. It is further submitted that the recovery of Rs.600/- has been shown by the police from possession of applicant. It is disputed that the recovery memo has been prepared by investigating agency without following the procedure prescribed under the law. It is further submitted that there is criminal history of two cases which has been explained in paragraph 7 of the paper book. After completion of investigation, the charge sheet has been filed on 11.02.2025. 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 has not contradicted 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. It is admitted facts that the criminal history of two cases have been explained by the applicant in paragraph 7 of the paper-book, applicant is languishing in jail for about three months, after completion of investigation 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 - Junaid, 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 Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad