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2025 DAILYLAW 49955 (ALL)

RAKESH BISHT v. STATE OF U.P.

BAIL/14815/2025 · 2025-05-15

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:81372 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14815 of 2025 Applicant :- Rakesh Bisht Opposite Party :- State of U.P. Counsel for Applicant :- Gyanendra Bahadur Rai,Jitendra 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/F.I.R. No. 0074 of 2025, under Sections 318 (4), 338, 336 (3), 340 (2), 61 (2), 3 (5) of B.N.S., Police Station Noida Sector-58, District Commissionerate Gautam Budh Nagar. 2. Learned counsel appearing on behalf of the applicant submitted that applicant is innocent and he has not committed any offence as alleged in the first information report. He has been falsely implicated in the instant case due to ulterior motive. It is further submitted that only allegation against the applicant is that he has prepared the documents on the basis of documents submitted by the co-accused Niteesh Poshwal who has already been granted bail by the co-ordinate Bench of this Court 17.03.2025. It is also submitted that other co-accused namely Anil Bhadana, Devashish Sharma and Itesh Poshwal have already been granted bail vide orders dated 04.04.2025 by the co-ordinate Bench of this Court. It is also submitted that co-accused Kaptan has already been granted bail vide order dated 18.04.2025 by this Court. Applicant has no previous criminal antecedents and he is languishing in jail since 19.02.2025. It is further submitted that charge sheet has already been filed on 15.04.2025 and cognizance has been taken on 17.04.2025. 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 senior counsel for the applicant. 4. Heard Sri Mangla Prasad Rai, learned Senior counsel assisted by Sri Gyanendra Bahadur Rai, learned counsel for the applicant as well as Sri K. P. Pathak, 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 other co-accused namely Anil Bhadana, Devashish Sharma, Itesh Poshwal, Niteesh Poshwal and Kaptan have already been granted bail. Applicant is a man of clean antecedents and his role is merely preparing the documents. Charge sheet has already been filed and cognizance has been taken. 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. 6. Taking into consideration all the 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- Rakesh Bisht 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 :- 16.5.2025 AKT (Chandra Dhari Singh, J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad