Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:69657 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11716 of 2025 Applicant :- Peekesh Alias Peeko Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Maurya,Shweta 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.199 of 2024, under Sections 419, 420, 408 IPC, Police Station - Iglas, District - Aligarh. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and he has not committed any offence as alleged in the F.I.R. It is further submitted that applicant has been falsely implicated in the instant case due to ulterior motive. It is further submitted that the name of applicant was disclosed on the arrest made by police in other cases and police has falsely implicated the present applicant in the instant case. It is also submitted that criminal history of two cases has already been explained in paragraph 12 of paper book. It is further submitted that after completion of investigation, charge sheet has been filed on 19.12.2024 by the investigating officer and the court concerned has taken cognizance on 28.01.2025. Applicant is languishing in jail since 06.12.2024. 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.
It is admitted fact that applicant was not named in the F.I.R.; charge sheet has been filed and cognizance has been taken; applicant was implicated in the case when he was arrested in other cases; there is no material on record to link or connect the applicant to the instant case; criminal history has already been explained; applicant is languishing in jail since 06.12.2024 i.e. about five months and there is no possibility of completion of trial in near future. 7. Taking into consideration all the entirety of the matter and other reasons 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 - Peekesh alias Peeko, 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 :- 2.5.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad