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2025 DAILYLAW 48015 (ALL)

SIMRANJEET v. STATE OF U.P.

BAIL/14712/2025 · 2025-05-08

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Citation No. - 2025:AHC:75895 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14712 of 2025 Applicant :- Simranjeet Opposite Party :- State of U.P. Counsel for Applicant :- Marjeet Mishra Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, seeking enlargement on bail in Case Crime No. 281 of 2024, under Sections 311, 331(4), 317(3), 127(2), 310(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Jhinjhana, District Shamli during the pendency of the trial. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and has not committed any offence as alleged in the F.I.R. He has been falsely implicated in the said case due to ulterior motive. It is also submitted that the FIR was lodged against unknown person. On arrest of the applicant alongwith other co-accused, his name was disclosed. The police has allegedly recovered one countrymade pistol and one pair of silver anklets. It is further submitted that the said arrest taken place in other case bearing Case Crime No. 292 of 2024. It is next submitted that the applicant has been falsely implicated in other cases by the police. It is lastly submitted that the criminal history of four cases against the applicant has been explained in para 12 of the paper book. The applicant is languishing in jail since 19.07.2024. The investigation has been completed. The charge-sheet has been filed on 08.10.2024 and the cognizance has been taken by the competent court. Learned counsel for the applicant undertakes that the applicant shall abide by all terms and conditions imposed by this Court while granting the bail. He has prayed for enlarging the applicant on bail. 3. Per contra, learned counsel appearing on behalf of State who has accepted notice in advance vehemently opposed the instant bail application but not contradicted the argument advanced by learned counsel for the applicant. 4. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 5. It is admitted fact that the applicant is languishing in jail since 19.07.2024 i.e. more than ten months. The charge-sheet has been filed and cognizance has been taken by the competent court. There are no chance for completion of the trial in the near future. The criminal history of four cases have already been explained by the applicant in para 12 of the paper book. It is also undertaken by the applicant that the applicant shall abide by all terms and conditions as imposed by this Court. There are no material brought on record to establish that if the applicant will enlarge on bail, he will not cooperate with the trial or he may influence the witness or tamper the evidence. Taking into consideration all entirety of the matter as discussed above, I am inclined to grant bail to the applicant. The bail application is allowed. 6. Let the applicant- Simranjeet 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 9.5.2025 Pratima (Chandra Dhari Singh,J.) Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad