Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 44247 (ALL)

ANSAR v. STATE OF U.P.

BAIL/13729/2025 · 2025-05-08

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:76060 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13729 of 2025 Applicant :- Ansar Opposite Party :- State of U.P. Counsel for Applicant :- Rajnish Kumar,Satya Narayan Yadav 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. 139 of 2024, under Sections 305, 331 (4), 112, 117 (2) of B.N.S., Police Station Rajawali, , District Firozabad. 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. Applicant was not named in the first information report and his name was disclosed in the confessional statement of co-accused Arif who has already been enlarged on bail vide order dated 12.11.2024 passed by the co- ordinate Bench of this Court. It is submitted that recovery was shown by the police on the pointing out of the applicant without following the procedure prescribed under the law. There are no independent witness of the alleged recovery. There are 12 cases criminal history against the applicant which has been explained in paragraph no. 2 of the supplementary affidavit filed in support of bail application. It is further submitted that after completion of investigation, charge sheet has been filed on 01.10.2024. Applicant is languishing in jail since 20.02.2025. 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 opposed the instant bail application by contending that applicant has criminal history of 12 cases but he has not denied that all the 12 cases has been explained by the applicant in supplementary affidavit. 4. Heard learned counsel for the applicant as well as learned A.G.A. appearing on behalf of the State in advance notice and perused the contents made in the first information report as well as material placed on record. 5. Insofar as, criminal antecedents of the applicant is concerned, it is not the case of State that applicant might tamper with the evidence or otherwise adversely influence the trial or he may intimidate the witnesses in trial. It is also admitted that investigation has been completed and charge sheet has been filed. There are no chance of completion of trial in near future. Learned A.G.A. has also not placed material on record that applicant in past attempted to avoid the process of law. 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. 6. Taking into consideration the aforesaid reason, 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- Ansar, 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 :- 9.5.2025 AKT (Chandra Dhari Singh, J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad