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2025 DAILYLAW 34998 (ALL)

ALOK RAJ KURMI v. STATE OF U.P.

BAIL/11914/2025 · 2025-05-05

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:72676 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11914 of 2025 Applicant :- Alok Raj Kurmi Opposite Party :- State of U.P. Counsel for Applicant :- Ved Prakash Pandey,Yogesh Krishna Mishra Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application under Section 483 BNSS has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 06 of 2025, under Sections 319(2), 318(4), 338, 336(3), 340(2), 61(2)(a) BNS, Police Station Nawabganj, District Prayagraj, during the pendency of trial. 2. Counsel for the applicant submits that the applicant is innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated in the instant case due to ulterior motive. False recovery of Aadhar Cards, ATM Cards, passbooks, PAN cards and cheque books have been shown from the joint possession of the applicant and other co-accused. There is no independent witness to the alleged recovery. Recovery of Rs. 1010/- and two mobile phone has also been shown from the applicant. The applicant is in jail since 03.01.2025 having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty. It is further submitted that charge sheet has been filed on 27.1.2025 as well similarly placed co-accused Sukhvendra Kumar has already been enlarged on bail by the co- ordinate Bench of this Court vide order dated 6.3.2025 passed in Criminal Misc. Bail Application No. 7981 of 2025. 3. Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 4. Having heard counsel for the parties and having perused the record, this Court prima facie finds that there is no independent witness to the alleged recovery. The applicant has no criminal antecedents. The applicant has remained confined for more than four months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the notice by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, charge sheet has been filed, similarly placed co-accused Sukhvendra Kumar has already been enlarged on bail by the co- ordinate Bench of this Court vide order dated 6.3.2025, without commenting on the merits of the case, I am inclined to enlarge the applicant on. The application is accordingly allowed. 5. Let the applicant Alok Raj Kurmi, involved in the aforesaid case be released on bail on his furnishing a personal bond of Rs. 50,000/- (Rupees Fifty thousand) and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; (iii) shall not pressurize the prosecution witnesses. 6. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 6.5.2025 S.K.S. (Chandra Dhari Singh,J.) Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad