Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:93920 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12677 of 2025 Applicant :- Harveer Singh Opposite Party :- State of U.P. Counsel for Applicant :- Gagan Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Gagan Pratap Singh, learned counsel for the applicant and Sri Arun Kumar Mishra, learned AGA for the State and also perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 131 of 2025, under Sections 306, 331(4), 317(2) of BNS, Police Station - Sikandra, District - Agra, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The applicant is not named in the FIR. His name has subsequently been foisted by the police to show good work as an amount of Rs. 3.4 lakhs along with pan card has been recovered from his possession but the said possession stands disputed as he has been arrested from a public place on the information of the squealer only.
6. Learned counsel has also stated that there is no identification of the said money or the said pan card as per the provisions of BNS. There is no criminal history of the applicant. The applicant is languishing in jail since 04.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
7. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the
learned counsel for the applicant and also the fact that the applicant has no criminal history.
8. Considering the facts and circumstances of the case,
submissions made by learned counsel for the parties and also considering the fact that the applicant is not named in the FIR as his name has come up subsequently coupled by the fact that he has been arrested from a public place, I find it a fit case to release the applicant on bail. The bail application is allowed.
9. Let the applicant- Harveer Singh, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed.
10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date:- 30.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad