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Neutral Citation No. - 2025:AHC:74106 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8699 of 2025 Applicant :- Ajay Kumar Jaiswal Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh 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.93 of 2025, under Sections 318(4), 338, 336(3), 340(2) & 61(2) of B.N.S., Police Station - Bisrakh, District - Gautam Budh Nagar. 2. Learned counsel appearing on behalf of the applicant has submitted that applicant is the owner of Yoy Capital Infra Pvt. Ltd. It is further submitted that applicant is innocent person and he has not committed any offence as alleged in the F.I.R. Applicant has been falsely implicated in the instant case due to ulterior motive. It is also submitted that applicant is the man of clean antecedents and he has no previous criminal history. It is further submitted that investigation is still going on. Applicant is languishing in jail since
06.02.2025. It is further submitted that co-accused, Sanu Singh has already been enlarged on bail by Co-ordinate Bench of this Court vide order dated 06.05.2025. 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 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. I have gone through the contents made in the bail application as well as the documents appended with the bail application and perused the affidavit. It is admitted fact that investigation is still going on; there is no previous criminal history against the applicant; other co-accused person has already been enlarged on bail; applicant is languishing in jail more than three months and there is no possibility of completion of 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 - Ajay Kumar Jaiswal, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.1,00,000/- (Rupees One Lac) 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 :- 7.5.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad