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2025 DAILYLAW 48895 (ALL)

BILLA @ VINOD v. STATE OF U.P.

BAIL/13806/2025 · 2025-04-27

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:65640 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13806 of 2025 Applicant :- Billa @ Vinod Opposite Party :- State of U.P. Counsel for Applicant :- Divyanshu Nandan Tripathi Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant application has been filed under Section 483(1) of the BNSS, 2023 for seeking bail in Case Crime No. 83 of 2025, under sections 306, 317(2), 331(4) of BNS, Police Station - Hariparvat, District - Agra during pendency of the trial. 2. Learned counsel appearing on behalf of the applicant submitted that the applicant is innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case. The FIR was lodged against unknown persons. His name came into picture at the time of arrest alongwith co-accused on the information received from the informer. It is also submitted that Rs. 1,32,000/- and one plas which has brown handle and some articles have been recovered from the possession of the applicant which has been shown in the memo of recovery filed as Annexure- 4 of the paper book. The alleged recovery has been disputed by the applicant as it was made without following the procedure prescribed under the law. There is no independent witness of the said recovery. 3. Learned counsel appearing on behalf of the applicant submitted that he is a man of clean antecedents and has no previous criminal history. After completion of the investigation, charge sheet has been filed on 30.3.2025 There is nothing on record to connect the applicant with the commission of the offence as alleged in the FIR. The applicant is languishing in jail since 12.3.2025. 4. It is also submitted that in view of the facts and circumstances of the case, it is prayed on behalf of the applicant that the applicant may be released on bail in the aforesaid crime. It is further undertaken that applicant shall abide by all terms and conditions as imposed by the Court. 5. Per contra, learned counsel appearing on behalf of the State in advance notice has vehemently opposed the instant bail application but could not dispute the aforesaid submissions as argued by the learned counsel for the applicant. 6. Heard learned counsel for the applicant, learned AGA for the State and perused the record 7. I have gone through the contents made in the application as well as the documents appended with the application and perused the material available on record. It is admitted fact that the applicant is languishing in jail since12.3.2025, charge sheet has been filed, the applicant has no previous criminal history, there is no chance of early conclusion of the trial. 8.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. 9. Let the applicant - Billa @ Vinod, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- (Rs. 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 the 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 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 28.4.2025 S.K.S. (Chandra Dhari Singh,J). Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad