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2025 DAILYLAW 54893 (ALL)

AJAY KUMAR v. STATE OF U.P.

BAIL/15533/2025 · 2025-05-07

Mayur Jain Jt Registrar J Listing

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:74603 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15533 of 2025 Applicant :- Ajay Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Kapil Kumar,Sandhya Singh 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.119 of 2025, under Sections 109(1), 333, 115(2), 352, 351(2) of B.N.S., Police Station - Anupshahr, District - Bulandshahr. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and he has not committed any offence as alleged in the F.I.R. It is further submitted that applicant was not named in the F.I.R. and he has been falsely implicated in the instant case due to ulterior motive. It is further submitted that as per injury report and doctor's opinion the injuries sustained by the injured person, are simple in nature. It is also submitted that criminal history of two cases has been explained in paragraph - 11 of the paper book. It is further submitted that in Case Crime No.195 of 2004 applicant has been acquitted by trial court concerned by order dated 30.11.2005. It is further submitted that after completion of investigation, charge sheet has been filed on 08.04.2025. Applicant is languishing in jail since 19.03.2025. 3. Taking into consideration the aforesaid facts, it is prayed on behalf of applicant that he may be released on bail in the aforesaid crime. It is further 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 for the State and learned counsel for complainant vehemently opposed the bail application of applicant, but have 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, Sri Manjeet Kumar, learned counsel appearing on behalf of complainant/informant, perused the contents made in bail application and material available on record. 6. As per injury report, injuries sustained by the injured, are simple in nature. A copy of which has been annexed as annexure-SA-2 to the supplementary affidavit. The injuries sustained by the injured are as follows:- (1). Abrasion with scab on left ear pinna. (2). C/o pain on back of neck and lower back. (3). Abrasion with scab over left toe and foot. 7. It is admitted fact that criminal history of two cases has been explained, applicant is languishing in jail for about two months, there is no credible evidence on record to link the applicant to the instant case, there is no possibility of completion of trial in near future, charge sheet has been filed, undertaking given by learned counsel for applicant that applicant shall abide by all the terms and conditions as imposed by this Court. 8. Taking into consideration the nature of injuries, role of applicant and 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. 9. Let the applicant - Ajay Kumar, 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. 10. 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 :- 8.5.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad