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Neutral Citation No. - 2025:AHC:83825 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14997 of 2025 Applicant :- Vishal Kumar And Another Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Kumar Saxena,Virendra Kumar Yadav 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. 60 of 2025, under Sections 331(4), 305(A), 317(2) of the B.N.S. Police Station Rajatalab, District Varanasi during the pendency of the trial.
2. Learned counsel appearing on behalf of the applicant has submitted that the applicants were not named in the FIR. Their name were disclosed on arrest by the police on the information received from the informer. It is also submitted that alleged recovery was shown from both the applicants as explained in para 11 of the paper book. It is further submitted that the applicants are languishing in jail since 23.03.2025 and have no criminal history which has been explained in para 6 of the paper book. It is next submitted that the investigation has been completed. The charge- sheet has been filed and the court concerned has taken cognizance.
Learned counsel for the applicant undertakes that the applicants shall abide by all terms and conditions imposed by this Court while granting the bail. He has prayed for enlarging the applicants 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 has not contradicted the argument as advanced by
learned counsel for the applicants.
4. Heard Sri Virendra Kumar Yadav, learned counsel for the applicants as well as Sri Vijai Kumar Rai, learned counsel for the State and perused the record.
5. It is admitted fact that the applicants are languishing in jail since
23.03.2025. The investigation has been completed. 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 applicants have no criminal history which has been explained in para 6 of the paper book. There are no material brought on record to establish that if the applicants will grant bail, they will not cooperate with the trial or they may influence the witness or tamper the evidence. It is also undertaken that the applicants shall abide by all terms and conditions as imposed by this Court. Taking into consideration all entirety of the matter as discussed above,without expressing any opinion on the merits of the case, I am inclined to grant bail to the applicants. The bail application is allowed.
6. Let the applicant- Vishal Kumar and Sachin Kumar Mishra who are involved in aforementioned case crime be released on bail on their furnishing a personal bond of Rs. 50,000/- each 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 applicants shall not tamper with evidence. (ii) The applicants 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 :- 19.5.2025 Pratima (Chandra Dhari Singh,J.) Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad