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2025 DAILYLAW 46583 (ALL)

SUDHEER v. STATE OF U.P.

BAIL/13272/2025 · 2025-04-22

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:61750 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13272 of 2025 Applicant :- Sudheer Opposite Party :- State of U.P. Counsel for Applicant :- Pavan Kumar 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. 57 of 2025, under Sections 309 (6), 317 (2), 318 (4) and 3 (5) of B.N.S., Police Station Rajpura, District Sambhal. 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. He was not named in the first information report and has been falsely implicated in the present case. He has been arrested alongwith other co-accused on the information received by the informer by the police and recovery of one motorcycle was shown on their joint possession. Applicant has no previous criminal history and he is languishing in jail since 15.03.2025. 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 vehemently opposed the instant bail application but he has not contradicted the facts as stated above by learned counsel for the applicant. 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.Applicant is a young boy of 22 years. He has no previous criminal antecedents. Recovery of one motorcycle shown by the police from the joint possession of accused has also been disputed by learned counsel for the applicant as there is no independent witness of the said recovery and the said recovery has been made without following the procedure prescribed under the law. He is languishing in jail since 15.03.2025 and it is also undertaken on his behalf that he will abide by all terms and conditions as imposed by this Court while granting bail. 6. Taking into consideration all the aforesaid facts, 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- Sudheer 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 :- 23.4.2025/AKT (Chandra Dhari Singh, J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad