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Neutral Citation No. - 2025:AHC:78403 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7075 of 2025 Applicant :- Arun Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Phool Chandra Saroj 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 regular bail in Case Crime No. 11 of 2025, under Sections 309(4), 317(2) of B.N.S., Police Station - Rajapur, District - Chitrakoot.
2. Learned counsel appearing on behalf of applicant has submitted that the applicant is innocent and he has been falsely implicated in the present case. The F.I.R. has been lodged against unknown person. He has also submitted that the recovery of a country made pistol, two live cartridges and Rs. 220/- in cash have been shown by the police is disputed as the police has not followed the procedure prescribed under the law. It is further submitted that there is no previous criminal history against the applicant. Co- accused namely Raju Pasi and Sani Balmiki have already been released on bail vide orders dated 22.04.2025 & 01.05.2025 passed by this Court in Crl. Misc. Bail Applications No. 5498 of 2025 and 4566 of 2025, respectively. Applicant is languishing in jail since
11.01.2025.
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 A.G.A. appearing on behalf of the State, in advance notice, has vehemently opposed the bail application of applicant, but he has not disputed the submissions advanced by
learned counsel for the applicant.
5. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
6. I have considered the nature of allegation against the applicant as well as recovery which has been shown by the police from possession of the applicant, applicant is already languishing in jail for about five months as well as co-accused persons have already been released on bail by this Court as stated above 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 - Arun Kumar, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 25,000/- (twenty five 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.
Order Date :- 13.5.2025 VS (Chandra Dhari Singh,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad