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Neutral Citation No. - 2025:AHC:78828 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15187 of 2025 Applicant :- Kuldeep Verma Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Shankar Yadav Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J.
1. The instant bail application under Section 483 of B.N.S.S. has been filed on behalf of applicant for bail in Case Crime No.239 of 2024, under Sections 395, 341, 412 IPC, Police Station - Mahrajpur, District - Kanpur Nagar.
2. Learned counsel appearing on behalf of the applicant has submitted that F.I.R. was lodged against eleven unknown persons. As per the allegations made in the F.I.R., all unknown persons were committed robbery of iron rods and a fan from construction site of the informant. It is submitted that co-accused, Mehtab was arrested by the police on the information received by the informant. Co-accused, Mehtab disclosed the name of present applicant along with co-accused, Vijay Prakash Sahu. It is also submitted that on the arrest Rs.9,500/- cash and one mobile phone were recovered from the possession of applicant. It is further submitted that co-accused, Vijay Prakash Sahu has already been enlarged on bail vide order dated 05.09.2024 by Co-ordinate Bench of this Court. There is no credible evidence on record to link the applicant with the instant offence. Criminal history of three cases has already been explained in paragraph - 30 of the paper book. It is further submitted that after completion of investigation, charge sheet has been filed on 01.09.2025 by the
investigating officer and the court concerned has taken cognizance on 19.09.2025 Applicant is languishing in jail since 06.07.2024.
3. Taking into consideration the aforesaid facts, it is prayed by
learned counsel appearing on behalf of applicant that applicant may be released on bail in the aforesaid crime. It is undertaken by
learned counsel for the applicant that applicant shall abide by all terms and conditions as imposed by this Court.
4. Per contra, learned AGA vehemently opposed the bail application of applicant, but he has not contradicted the facts as stated by learned counsel for the applicant during arguments.
5. Heard learned counsel appearing on behalf of applicant, learned AGA appearing on behalf of the State, perused the contents made in bail application and material available on record.
6. I have gone through the contents made in the bail application as well as the documents appended with the bail application and perused the affidavit. It is admitted fact that after completion of investigation, charge sheet has been filed and the court concerned has also taken cognizance; criminal history of three cases has already been explained; other co-accused persons have already been enlarged on bail; applicant is languishing in jail above ten months, there is no possibility of completion of trial in near future and there is no material brought by learned AGA to establish that if applicant would be enlarged on bail he will influence the trial or the witnesses.
7. Taking into consideration all the entirety of the matter as discussed above, without expressing any finding or opinion on merits of the case, the applicant is releasing on bail. Accordingly,
the bail application is allowed.
8. Let the applicant - Kuldeep Verma, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- (Fifty Thousand) 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. . (Chandra Dhari Singh, J.)
Order Date :- 14.5.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad