Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 35888 (ALL)

VIJAY KUMAR v. STATE OF U.P.

BAIL/11812/2025 · 2025-05-08

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:75276 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11812 of 2025 Applicant :- Vijay Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar,Sunil Kumar 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.11 of 2025, under Sections 316(2), 316(3), 317(2), 61(2) of B.N.S., Police Station - Ekdil, District - Etawah, during pendency of trial. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and has not committed any offence as alleged in the F.I.R. It is further submitted that applicant was not named in the F.I.R. and he has been arrested along with other co-accused persons by the police on information given by the informer. On the arrest of co-accused, his name was disclosed and linked with the instant case. It is also submitted that applicant has been falsely implicated by the police. The recovery of Rs.1,50,000/- has been shown by the police on the arrest without following procedure prescribed under the law. There are no independent witness of the said recovery. It is also submitted that applicant is the man of clean antecedents and he has no previous criminal history. It is further submitted that after completion of investigation, charge sheet has been filed on 09.03.2025 by the investigating officer and the court concerned has taken cognizance on 19.03.2025. Applicant is languishing in jail since 15.01.2025. 3. Taking into consideration the aforesaid facts, it is prayed by learned counsel appearing on behalf of applicant that applicant may be released on bail in the aforesaid crime. It is 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. It is admitted fact that after completion of investigation, charge sheet has been filed and the court concerned has taken cognizance; there is no previous criminal history against the applicant; applicant is languishing in jail for about four months, there is no possibility of completion of trial in near future and there is no material brought by learned AGA to establish that if applicant may grant bail he will influence the trial or influence the witnesses. 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 - Vijay Kumar, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- (Fifty 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. . (Chandra Dhari Singh, J.) Order Date :- 9.5.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad