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Neutral Citation No. - 2025:AHC:90474 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15426 of 2025 Applicant :- Ompal Opposite Party :- State of U.P. Counsel for Applicant :- Anuj Mishra,Awadhesh Kumar Pandey 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.55 of 2025, under Sections 61 (2) Ka, 248 (A) & 308 (5) of B.N.S., Police Station Rajpura, District Sambhal. 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. Learned counsel further submitted that after completion of investigation, charge sheet has been filed in the instant matter on 31.03.2025. It is also submitted that applicant has no previous criminal antecedents and he is languishing in jail since 29.03.2025. It is further submitted that co-accused Dalchandra has already been enlarged on bail by this Court vide order dated 20.05.2025. He further submitted that considering the aforesaid facts and circumstances, applicant may also be enlarged on bail. 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 Sri Awadhesh Kumar Pandey, learned counsel for the applicant as well as Sri Rakesh Kumar Mishra, learned A.G.A. appearing on behalf of the State 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 languishing in jail since 29.03.2025 and there are no previous criminal history of the applicant. Charge sheet has already been filed after completion of investigation 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 if the applicant is enlarged on bail, he will not co-operate in trial and he may influence the witnesses. 6.
Taking into consideration the aforesaid reasons as stated above, without expressing any opinion on the merits of the case, I am inclined to allow the bail application. Accordingly, the bail application is allowed. 7. Let the applicant- Ompal, 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 :- 27.5.2025 AKT (Chandra Dhari Singh, J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad