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2025 DAILYLAW 51313 (ALL)

SHUBHAM MISHRA v. STATE OF U.P.

BAIL/14464/2025 · 2025-05-13

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79147 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14464 of 2025 Applicant :- Shubham Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Amar Jeet Upadhyay,Anand Kumar Dubey 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. 372 of 2024, under Sections 317 (2), 317 (4) of B.N.S., Police Station Koraon, District Prayagraj. 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 on the pointing out of the applicant five motorcycles are alleged to have been recovered. There are no independent witness of the alleged recovery. Learned counsel further submitted that criminal history of two cases of applicant has already been explained in paragraph no.6 of the paper book. Applicant is languishing in jail since 29.12.2024. After completion of investigation, charge sheet has been filed on 20.02.2025 and cognizance has been taken on 28.02.2025 by the competent Court. 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 but he has not contradicted the facts as stated above by learned counsel for the 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 after completion of investigation, charge sheet has been filed and cognizance has been taken by the competent Court. Two cases criminal history of the applicant has already been explained as stated above. Applicant is languishing in jail since 29.12.2024 i.e. more than four months. There are very dim chance of conclusion of trial in near future. It is also undertaken 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 misuse the condition of bail and not co-operate in trial. 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- Shubham Mishra, 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. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 14.5.2025 AKT (Chandra Dhari Singh, J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad