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2025 DAILYLAW 21362 (ALL)

AWADH BIHARI SINGH v. STATE OF U.P.

BAIL/6757/2025 · 2025-04-28

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:66867 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6757 of 2025 Applicant :- Awadh Bihari Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant application has been filed under Section 483 of the BNSS, 2023 for seeking bail in Case Crime No. 506 of 2024, under section 409 IPC, Police Station - Bairia, District - Jalaun. 2. Learned counsel appearing on behalf of the applicant contends that the applicant is innocent person and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case due to ulterior motive. There is no previous criminal history against the applicant. He a man of clean antecedents. Investigation has been completed and charge sheet has been filed on 7.4.2025. 3. It is further clarified that one proceeding under Section 68 of UP Co-operative Society Act, 1965 is already pending. In paragraph no. 25 of the paper book it has been mentioned. 4. In view of the aforesaid facts, it is prayed that the applicant may be released on bail. He is languishing in jail since 31.01.2025. It is submitted that there is no chance of completion of trial in near future. It is further undertaken that applicant shall abide by all terms and conditions as imposed by the Court in case he is released on bail. 5. Per contra, Sri Shashi Kant, learned counsel appearing on behalf of the State has vehemently opposed the instant bail application but he has not contradicted the aforesaid facts submitted by the learned counsel for the applicant during argument. 6. Heard learned counsel for the applicant, learned AGA for the State, perused the material available on record. 7. I have gone through the contents made in the application as well as the documents appended with the application and perused the material available on record. 8. It is admitted that the applicant is a man of clean antecedents, he has no criminal history, charge sheet has been filed, there is no material on record to show that the applicant will not cooperate in the trial or will influence the witness, the applicant is languishing in jail since 31.01.2025 for more than 3 months. There is no possibility of completion of trial in near future. 9. Taking into consideration all reasons stated above, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 10. Let the applicant - Awadh Bihari Singh who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- (Rupees 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 the 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 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of 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. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 29.4.2025 S.K.S. (Chandra Dhari Singh,J.) Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad