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2025 DAILYLAW 48011 (ALL)

RAJU v. STATE OF U.P.

BAIL/13647/2025 · 2025-05-08

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:75957 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13647 of 2025 Applicant :- Raju Opposite Party :- State of U.P. Counsel for Applicant :- Raghubir Singh 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. 127 of 2024, under Sections 303 (2), 317 (2), 317 (4) , 317 (5) of B.N.S., Police Station Iradatnagar, District Agra. 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. First information report has been lodged against unknown persons and name of the applicant was disclosed on the confessional statement of co-accused persons. There are no recovery from the possession of the applicant or on his pointing out. It is further submitted that applicant has been falsely implicated in four cases after his arrest which has been explained in para-19 of the affidavit filed in support of bail application. After completion of investigation Charge sheet has been filed on 27.02.2025. Cognizance has been taken by the competent Court on 25.04.2025. It is further submitted that two other co-accused persons namely Yogesh @ Rinku and Krishna Chand have already been enlarged on bail by the co-ordinate Bench of this Court vide orders dated 16.10.2024 and 25.10.2024 respectively. Applicant is languishing in jail since 22.02.2025. He further submitted that considering the aforesaid facts and circumstances, applicant may also be enlarged on bail. 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. It is admitted fact that co-accused persons namely Yogesh @ Rinku and Krishna Chand have already been enlarged on bail by the co-ordinate Bench of this Court vide orders dated 16.10.2024 and 25.10.202. Co-accused Yogesh @ Rinku has criminal history of 11 cases, who has already been enlarged on bail. Investigation has been completed and charge sheet has been filed before the Court concerned. Cognizance has been taken by the competent Court. There is very dim chance of conclusion of trial in near future. 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. No material brought on record by the learned A.G.A. that applicant will not co-operate in trial and he may influence the witnesses, if he would be released on bail. Applicant is languishing in jail since 22.02.2025. 6. Taking into consideration aforesaid reasons as stated above, 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- Raju, 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