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Neutral Citation No. - 2025:AHC:81272 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14807 of 2025 Applicant :- Hoshiyar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Pandey,Suraj Pandey Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J.
1. Supplementary affidavit filed on behalf of applicant is taken on record. 2. Instant application filed under Section 483 of B.N.S.S seeking bail in Case Crime No.151 of 2025, under Sections 318 (4), 319 (2), 338, 336 (3), 340 (2), 61 (2) of B.N.S., Police Station Iglas, District Aligarh. 3. 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. He was not named in the F.I.R. and his name was disclosed on his arrest on the confessional statement of co-accused persons. It is further submitted that on his arrest police allegedly recovered Rs. 500/- and one mobile phone from his possession. It is further submitted that applicant has four other cases criminal history which has been explained in paragraph no. 2 of the supplementary affidavit. Applicant is languishing in jail since 16.03.2025. 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. 4. Per contra, learned counsel 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 during arguments. 5. Heard Sri Ravi Pandey, learned counsel for the applicant as well as Sri Vinay Kumar Singh, learned State Law Officer 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. 6. It is admitted fact that applicant was not named in the first information report and his name was disclosed by the co-accused in the confessional statement. After perusal of case diary, I do not find any credible evidence to link the applicant in the instant case at this stage. Applicant is languishing in jail since 16.03.2025 i.e. more than two months. Investigation is still going on. There are very dim chance of conclusion of trial in near future.
Criminal history of the applicant has already been explained as stated above. 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 applicant will not co-operate in trial and he may influence the witnesses. 7. Taking into consideration all the aforesaid reasons as stated above, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 8. Let the applicant- Hoshiyar Singh, 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. 9. 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