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Neutral Citation No. - 2025:AHC:72537 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6981 of 2025 Applicant :- Ankit Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Srivastava,Ajay Nand Pandey Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J.
1. Learned counsel for the applicant is permitted to correct the typographical errors in the paper book during the course of the day. 2. 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. 663 of 2024, under Sections 309(4), 317(2) IPC, Police Station Baraut, District Baghpat during pendency of the trial. 3. Learned counsel appearing on behalf of the applicant has submitted that the FIR was lodged against unknown persons. His name was disclosed on information of the police informer. It is also submitted that the alleged recovery of stolen property from the applicant has been made without following the procedure prescribed under law and there are no independent witness of the aforesaid recovery. It is further submitted that the applicant is languishing in jail since 20.11.2024. He has no previous criminal history. He has been falsely implicated in one case after arrest. It is next submitted that the charge-sheet has been filed and the court concerned has taken cognizance. Learned counsel for the applicant undertakes that the applicant shall abide by all terms and conditions imposed by this Court while granting the bail. He has prayed for enlarging the applicant on bail. 4. 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. 5. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 6. The applicant is a man of clean antecedents. There are no previous criminal history. One case has been levelled against the applicant after arrest. The investigation has been completed. The charge-sheet has been filed and cognizance has been taken. The applicant is languishing in jail since 20.11.2024. The recovery which has been shown by the police is disputed by learned counsel for the applicant. There are no material on record to establish that if the applicant grants bail, he may influence the trial.
It is also undertaken by the applicant that the applicant shall abide by all terms and conditions as imposed by this Court. Taking into
consideration all entirety of the matter as discussed above, I am inclined to grant bail to the applicant. The bail application is allowed.
7. Let the applicant- Ankit 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.
8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 6.5.2025 Pratima (Chandra Dhari Singh,J.) Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad