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2025 DAILYLAW 56065 (ALL)

AJAY SINGH v. STATE OF U.P.

BAIL/16714/2025 · 2025-05-21

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:86871 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16714 of 2025 Applicant :- Ajay Singh Opposite Party :- State of U.P. Counsel for Applicant :- Araf Khan,Lihazur Rahman Khan 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.119 of 2025, under Sections 316 (5), 317 (2) of B.N.S., Police Station Wazirganj, District Budaun. 2. Learned counsel appearing on behalf of the applicant submitted that first information report has been lodged against unknown persons on the information received at the police station by the informant. Present applicant has been arrested along with co- accused and on the confessional statement of co-accused. No recovery was made from possession of the applicant. It is further 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 appearing on behalf of applicant further submitted that investigation has been completed and the charge sheet has already been filed by the police on 30.04.2025 and cognizance has already been taken. There are no previous criminal antecedents of the applicant and he is languishing in jail since 21.03.2025. It is further submitted that co-accused Vivek Bharti has already been enlarged on bail by Co-ordinate Bench of this Court vide order dated 12.05.2025. Applicant is permanent resident of address mentioned in the memo of bail application. 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 has not contradicted the facts as stated above by learned counsel for the applicant. 4. Heard Sri Araf Khan, 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. 5. It is admitted fact that applicant is languishing in jail since 21.03.2025. There are no previous criminal history of the applicant and he is a man of clean antecedents. Charge sheet has already been filed on 30.04.2025 after completion of investigation. Co- accused has already been enlarged on bail by Co-ordinate Bench of this Court. He is a young boy and is permanent resident of address mentioned in the memo of bail application. 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 all the aforesaid 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- Ajay 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. . (Chandra Dhari Singh, J.) Order Date :- 22.5.2025/Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad