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Neutral Citation No. - 2025:AHC:86571 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 558 of 2025 Applicant :- Rohtash Opposite Party :- State of U.P. Counsel for Applicant :- Amit Singh,Rajesh Kumar Singh,Som Veer Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J.
1. Final report has been submitted by learned counsel for the applicant, which is annexed as Annexure No. SA-1 of the Supplementary Affidavit.
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. 293 of 2024, under Sections 110, 115(2), 351(3), 333 of B.N.S., Police Station - Maujheel, District - Mathura.
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. Applicant has no motive to commit the alleged offence. Nothing has been recovered from the possession or pointing out of the applicant. Criminal history of one case has been explained in paragraph 4 of the supplementary affidavit. It is further submitted that after completion of investigation, final report has been filed on 24.11.2024 by the investigating officer and the court concerned has taken cognizance. Applicant is languishing in jail since 16.12.2024.
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, 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.
6. Heard Sri Amit Singh, learned counsel appearing on behalf of applicant, Sri Vijay Kumar Rathi, learned Brief Holder 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; criminal history of one case has already been explained; applicant is languishing in jail about six 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 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 - Rohtash, 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.
10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 21.5.2025 VS (Chandra Dhari Singh,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad