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Neutral Citation No. - 2025:AHC:87052 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13248 of 2025 Applicant :- Krishna Kumar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ishwar Kumar Upadhyay Counsel for Opposite Party :- Abhishek Chauhan,Ajit Kumar Pathak,G.A.,Sumant Kumar Tiwari Hon'ble Chandra Dhari Singh,J.
1. Supplementary Counter Affidavit has been filed by learned counsel for the applicant, today in the Court, which is taken on record.
2. 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. 27 of 2025, under Sections 406, 419, 420, 467, 468, 471 I.P.C., Police Station - Phephna District - Ballia.
3. Learned counsel appearing on behalf of the applicant has submitted that applicant is innocent person and 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. There is no evidence on record to connect the applicant with the alleged incident. 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 by the investigating officer and the court concerned has taken cognizance. Applicant is languishing in jail since 10.02.2025.
4. 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.
5. Per contra, Sri Ajit Kumar Pathak, learned counsel for the complainant and learned AGA have vehemently opposed the bail application of applicant. Learned counsel for the complainant submitted that applicant has made forged bank documents and account statements. He has also relied upon the supplementary counter affidavit , but he has not contradicted the facts as stated by
learned counsel for the applicant during arguments.
6. Heard learned counsel appearing on behalf of applicant, Sri Ajit Kumar Pathak, learned counsel for the informant and learned AGA appearing on behalf of the State, perused the contents made in bail application and material available on record.
7. I have gone through the contents made in the bail application as well as the documents appended with the bail application and perused the affidavit. It is admitted fact that after completion of investigation, charge sheet has been filed and the court concerned has also taken cognizance; there is no material evidence to connect the applicant with the alleged case; there is no previous criminal history against the applicant; applicant is languishing in jail since 10.02.2025, 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 would be enlarged on bail he will influence the trial or the witnesses.
8. 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.
9. Let the applicant - Krishna Kumar Singh, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 1,00,000/- (one lakh) 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.
10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 22.5.2025 VS (Chandra Dhari Singh,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad