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2025 DAILYLAW 28305 (ALL)

RAJA SINGH v. STATE OF U.P.

BAIL/8417/2025 · 2025-04-24

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:63926 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8417 of 2025 Applicant :- Raja Singh Opposite Party :- State of U.P. Counsel for Applicant :- Hari Nath Chaubey Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. Instant application filed under Section 483 of B.N.S.S seeking bail in Case Crime No. 0433 of 2024, under Sections 310 (2) B.N.S., Police Station Rura, District Kanpur Dehat. 2. Learned counsel appearing on behalf of applicant submitted that applicant is not named in the first information report and he has not committed any offence as alleged in the first information report. His name has come into light for the first time in the confessional statement of co-accused Nafees. It is further submitted that after completion of investigation charge sheet has been filed on 17.03.2025. It is further submitted that applicant has no previous criminal antecedents and he is languishing in jail since 03.02.2025. Applicant is 19 years old boy and he has been falsely implicated in the instant case due to ulterior motive. Learned counsel appearing on behalf of applicant also undertaken that he will abide by all terms and conditions as imposed by this Court while granting bail. 3. Per contra, learned A.G.A. appearing on behalf of State vehemently opposed the instant bail application but he has not contradicted the facts as stated above by learned counsel for the applicant. 4. Heard learned counsel for the applicant as well as learned A.G.A. appearing on behalf of the State in advance notice and perused the contents made in the first information report as well as material placed on record. 5. It is admitted fact that applicant is not named in the first information report and his name has come into light for the first time in the confessional statement of co-accused Nafees. He is a 19 years old boy having clean antecedents. Charge sheet has already been filed. There is no chance of conclusion of trial in near future. It is also undertaken on behalf of applicant that he will abide by all terms and conditions as imposed by this Court while granting bail. No material brought on record by the learned A.G.A. that applicant will not co-operate in trial and he may influence the witnesses. 6. Taking into consideration all entirety of the matter as discussed above, evidence and material on record and nature of offence , without expressing any opinion on the merits of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 7. Let the applicant-Raja Singh, 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 :- 25.4.2025 AKT (Chandra Dhari Singh, J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad