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Neutral Citation No. - 2025:AHC:68996 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14493 of 2025 Applicant :- Girish Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Ram Tiwari Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J.
1. Instant application has been filed by the applicant under Section 483 of the BNSS, 2023 for seeking bail in Case Crime No.17 of 2025 for offence punishable under Section 317(3) of BNS, Police Station - Saifni, District - Rampur, during pendency of the trial. 2. Learned counsel appearing on behalf of the applicant submitted that applicant is a innocent person and has not committed any offence as alleged in the F.I.R. Applicant is not named in the F.I.R. and he has been falsely implicated in the said case. For the first time, applicant's name was came into picture on the statement given by co-accused, Salman. It is submitted that at the pointing out of the present applicant, the stolen property i.e. e-rickshaw has been recovered. 3. Learned counsel appearing on behalf of applicant vehemently submitted that applicant is a person of clean antecedents and there is no previous criminal history against the applicant. The applicant is languishing in jail since 10.02.2025. It is also undertaken on instructions by learned counsel appearing on behalf of applicant that applicant will abide with all the terms and conditions imposed by this Court while granting the bail. 4. Learned counsel appearing on behalf of applicant submitted that investigation has already been completed and charge sheet has been filed on 26.02.2025 and the concerned Court has taken cognizance on 04.03.2025. Co-accused, Salman has already been enlarged on bail by Co-ordinate Bench of this Court vide order dated 24.04.2025. It is submitted that there is no chance for completion of trial in near future. In view of these facts, the applicant may be released on bail. 5. Per contra, learned counsel appearing on behalf of State
vehemently opposed the instant bail application, but has not contradicted the facts as stated above by the counsel appearing on behalf of applicant. 6. Heard learned counsel for the applicant as well as learned A.G.A. appearing on behalf of the State and perused the contents made in the bail application and other relevant records.
It is admitted fact that the applicant is not named in the F.I.R. His name was came into picture in the statement of co-accused Salman, as stated above. The parts of e-rickshaw have been recovered from him. It is also admitted fact that there is no previous criminal history of the applicant. He is a person of clean antecedents. 7. I have also taken into consideration that the applicant has undertaken to abide with all terms and conditions imposed by this Court while granting the bail. There are no other material, I found to connect the applicant with the instant offence except the statement of co-accused, Salman and charge sheet has already been filed and the cognizance has been taken. There is no chance of completion of trial in near future. Co-accused, Salman has already been enlarged on bail by Co-ordinate Bench of this Court. 8. Taking into consideration the aforesaid reasons, nature of offence, material on record to connect the applicant in the said offence, clean antecedents, languishing in jail, charge sheet has already filed and other reasons stated in the foregoing paragraphs, the applicant is successfully made a case for granting the bail. Accordingly, the bail application is allowed. 9. Let the applicant- Girish Pandey 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. 10. 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 :- 1.5.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad