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Neutral Citation No. - 2025:AHC:72740 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13757 of 2025 Applicant :- Suraj Paswan Opposite Party :- State of U.P. Counsel for Applicant :- Kiran Yadav,Sanjay Kumar Yadav 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 on behalf of applicant for bail in Case Crime No. 27 of 2025 under Sections 331(4), 305, 317(2) B.N.S., Police Station- Kotwali, District Azamgarh.
2. The learned counsel for the applicant submits that the applicant was not named in the F.I.R.. F.I.R. was lodged against unknown person. Learned counsel for the applicant further submits that the applicant was arrested by the police along with co-accused on information received from the informant. On the arrest he was falsely implicated in 11 more cases by the police. The recovery which was shown by the police without following the procedure prescribed under law. There is no independent witness of the said recovery. It is also submtited that the applicant had a criminal history of two cases and after arrest the applicant has been falsely implicated in 11 cases and the same has been explained in para 15 of the paper book and para 3 of the supplementary affidavit.
Learned counsel for the applicant submitted that investigation has been completed and charge sheet has been filed on 21st February., 2025 and cognizance has been taken by the competent court on
1.4.2025. Applicant is languishing in jail since 11.02.2025. 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 A.G.A. vehemently opposed the bail application of applicant, but has not contradicted the facts as stated by learned counsel for the applicant during arguments. 5. Heard learned counsel for the applicant, learned A.G.A. appearing on behalf of the State, perused the contents made in the bail application and material avaible on record. 6. It is admitted fact that the charge sheet has been filed and cognizance has been taken by the competent court. Criminal history of 13 cases (two previous and 11 after arrest) levelled against the applicant has been properly explained, there is no material on record to link or connect the applicant with the instant offence, there is no material brought on record by learned A.G.A. to establish that after getting bail, applicant may influence in trial or influence the witnesses, the applicant also undertakes to abide by the conditions imposed by this court 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 - Suraj Paswan, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- (Rupees 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 :- 5.5.2025 Kumar Manish Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad