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Neutral Citation No. - 2025:AHC:76729 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6523 of 2025 Applicant :- Singhal Deep Yadav Alias Kulle Opposite Party :- State of U.P. Counsel for Applicant :- Vinay Dubey 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 on behalf of applicant for bail in Case Crime No.422 of 2024, under Sections 309(4), 115(2), 352, 351(2), 317(2) of B.N.S., Police Station - Karchhana, District - Prayagraj, during pendency of trial.
2. Learned counsel appearing on behalf of the applicant has submitted that applicant is innocent and has been falsely implicated due to ulterior motive. It is further submitted that recovery of Rs.2,000/- cash and one mobile phone has been shown by the police. There are no credible evidence of the alleged recovery. It is also submitted that applicant has no previous criminal history. It is further submitted that after completion of investigation, charge sheet has been filed on 15.02.2025 by the investigating officer and the court concerned has also taken cognizance. Applicant is languishing in jail since 24.12.2024.
3. Taking into consideration the aforesaid facts, it is prayed by
learned counsel appearing on behalf of applicant that applicant may be released on bail in the aforesaid crime. It is 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 appearing on behalf of applicant, learned AGA appearing on behalf of the State, perused the contents made in bail application and material available on record.
6. It is admitted fact that after completion of investigation, charge sheet has been filed and the court concerned has taken cognizance; there is no previous criminal history against the applicant; learned counsel for applicant has filed supplementary affidavit for explaining criminal history of co-accused as pointed out by learned AGA, but actually the said criminal history is of co-accused not the present applicant; applicant is languishing in jail for about six months, there is no possibility of completion of trial in near future and there is no material brought by learned AGA to establish that if applicant may grant bail he will influence the trial or influence the witnesses.
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 - Singhal Deep Yadav Alias Kulle, 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 :- 12.5.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad