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2025 DAILYLAW 53465 (ALL)

KOMAL SINGH v. STATE OF U.P.

BAIL/15154/2025 · 2025-05-13

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79330 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15154 of 2025 Applicant :- Komal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Akansha Verma,Deepak Kumar Verma 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. 507 of 2021, under Sections 394, 323, 504, 506, 427 I.P.C., Police Station Mangalpur, District Kanpur Dehat. 2. Learned counsel appearing for the applicant submitted that applicant is innocent and he has not committed any offence as alleged in the first information report. Applicant has no previous criminal antecedents. He was not named in the first information report and he has been falsely implicated in the instant case. The name of the applicant was disclosed by the C.C.T.V. footage in which he was identified by the informant. Learned counsel further submitted that applicant was arrested on 08.04.2025. There are no recovery of stolen property either from the possession of the applicant or on his pointing out. Applicant is languishing in jail since 08.04.2025. 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. 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 applicant is an man of clean antecedents. He was not named in the first information report. He was identified by the informant in C.C.T.V. Footage. There are no recovery of stolen property either from the possession of the applicant or on his pointing out. Learned counsel further submitted that applicant was arrested on 08.04.2025. There are no other credible evidence available to connect the applicant in the aforesaid offence. 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 not co- operate in trial and he may influence the witnesses. 6. Taking into consideration all the 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-Komal 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. 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