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Neutral Citation No. - 2025:AHC:80201 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14388 of 2025 Applicant :- Mukhnath Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar Singh 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 No. 0074 of 2025, under Sections 61 (2), 318, 336, 338, 340 of B.N.S., Police Station Kotwali Fatehgarh, District Farrukhabad. 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. As per prosecution allegations made against the applicant, he was a facilitator to arrange the meeting with co-accused Janardan Tripathi. It is vehemently submitted that no money transaction has been made between applicant and informant and the money has been given to co-accused Janardan Tripathi. It is further submitted that one case criminal history of the applicant has been explained in paragraph no.14 of the paper book. It is further submitted that there is no credible evidence on record to connect the applicant in the instant matter at this stage. Applicant is languishing in jail since 22.03.2025. There are very dim chance of conclusion of trial in near future. 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. It has not been disputed by learned A.G.A. during arguments that no money transaction has been made between informant and applicant. 4. Heard learned counsel for the applicant as well as 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 applicant is languishing in jail since
22.03.2025. There is one case previous criminal history of the applicant which has been explained in paragraph no.14 of the paper book. There is no credible evidence on record at this stage to connect the applicant to the offence as alleged.
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. No material brought on record by the learned A.G.A. that if the applicant is released on bail, he will delay the trial and may influence the witnesses. 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-Mukhnath, 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 :- 15.5.2025 AKT (Chandra Dhari Singh, J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad