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Neutral Citation No. - 2025:AHC:64789 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12808 of 2025 Applicant :- Ravindra Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Kumar Chaturvedi 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 for bail in Case Crime No.226 of 2024, under Sections 419, 420, 465, 467, 468, 471, 120-B, 506 IPC, Police Station - Siddharth Nagar, District - Siddharth Nagar. 2. Learned counsel appearing on behalf of the applicant has submitted that applicant is son-in-law of informant. It is further submitted that as per the allegation against applicant, he is the witness of sale deed of the land in question. It is also submitted that the purchaser and the seller have entered into compromise and therefore, the purchaser was exonerated by the police from the said case crime. It is also submitted that there are no material on record to link or connect the applicant as alleged in the F.I.R. Since, the informant and co-accused/purchaser has reached on the compromise, therefore, no material left for leading the trial further against the applicant. It is also stated that there are no previous criminal history against the applicant, but one case has been leveled on the arrest of applicant in the instant case, which has been explained in paragraph 22 of the paper book. He has further submitted that after completion of investigation, charge sheet has been filed. Applicant is languishing in jail since 18.02.2025. 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 for the applicant as well as learned AGA
for the State and perused the record. 6. 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.
The applicant is witness of sale deed of the land in question, this fact has not been denied by the learned AGA that the purchaser has been exonerated from the case by the police on the ground of compromise. There are no material on record to connect or link the applicant with the present case crime The investigation has been completed and charge sheet has been filed; there is no material on record to show that the applicant will not cooperate in the trial or will influence the witness. Applicant is languishing in jail above three months and there is no possibility of completion of trial in near future. 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 - Ravindra, 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 :- 28.4.2025/Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad