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2025 DAILYLAW 38884 (ALL)

AMIT ALIAS DALAL v. STATE OF U.P.

BAIL/12323/2025 · 2025-05-07

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:74943 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12323 of 2025 Applicant :- Amit Alias Dalal Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Srivastava 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. 111 of 2024, under Sections 317 (2), 317 (4) of B.N.S., Police Station Hafizpur, District Hapur. 2. Learned counsel appearing for the applicant submitted that applicant is innocent and he has not committed any offence as alleged in the first information report. He has been falsely implicated in the instant case due to ulterior motive. It is also submitted that the criminal history of five cases has been explained in paragraph no.18 of the paper book and one is paragraph no.2 of the supplementary affidavit. He is languishing in jail since 26.08.2024 i.e. more than six months. It is further submitted that the F.I.R. was lodged against unknown persons. It is further submitted that he has been arrested alongwith other co-accused by the police on the information received by the informer. It is further submitted that on the said arrest, Rs.3000/- cash and four rings has been recovered. It is further submitted that after completion of investigation charge sheet has been filed on 19.09.2024 and cognizance has been taken by the Court concerned. He further submitted that considering the aforesaid facts and circumstances, applicant may also be enlarged on bail. 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 could not dispute the aforesaid fact as argued by the 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 as well as material placed on record. 5. It is admitted fact that applicant is languishing in jail since 26.08.2024 i.e. more than six months. Recovery has already been disputed by the learned counsel for the applicant. There are no credible evidence on record to connect the applicant at this stage. Charge sheet has already been filed after completion of investigation. Cognizance has been taken by the Court concerned. 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, nature of offence and 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- Amit Alias Dalal, 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 :- 8.5.2025 Sanjeet (Chandra Dhari Singh,J.) Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad