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2025 DAILYLAW 59003 (ALL)

HARSH SINGH YADAV v. STATE OF U.P. AND ANOTHER

BAIL/18318/2025 · 2025-05-27

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:90872 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18318 of 2025 Applicant :- Harsh Singh Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ranu,Shashi Shekhar Maurya,Shivam Dubey Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant application has been filed under Section 483 of the BNSS, 2023 for seeking bail in Case Crime No.44 of 2024, under Sections 115(2), 352, 351(2), 304, 109 BNS, Police Station - Badsahinaka, District - Kanpur Nagar during pendency of the trial. 2. Learned counsel appearing on behalf of the applicant submitted that the applicant is innocent and has not committed offence as alleged in the FIR. He has been falsely implicated due to ulterior motive. It is submitted that one person has been injured in the said incident and he has sustained injury which are simple in nature. Criminal history of two cases against the applicant has been explained in paragraph no. 15 of the paper book. It is further submitted that after investigation, charge sheet has been filed on 05.11.2024. Applicant is languishing in jail since 18.09.2024. 3. It is also submitted that in view of the facts and circumstances of the case, it is prayed on behalf of the applicant that the applicant may be released on bail in the aforesaid crime. It is further undertaken that applicant shall abide by all terms and conditions as imposed by the Court. 4. Per contra, learned AGA appearing on behalf of the State in advance notice has vehemently opposed the instant bail application but has not contradicted the aforesaid submissions as argued by the learned counsel for the applicant. 5. Heard Sri Ranu (Jaiswal), learned counsel for the applicant, Sri Yogendra Singh, learned AGA for the State and perused the record. 6. I have gone through the contents made in the application as well as the documents appended with the application and perused material available on record. It is admitted fact that the applicant is languishing in jail since 18.09.2024 i.e. more than 8 months, charge sheet has been filed, criminal history has duly been explained by the applicant, injury sustained to the injured are simple in nature, there is no credible evidence to link the applicant with the present offence, there is no chance of early conclusion of the trial and nothing was brought into the notice of the Court that the applicant is released on bail, he will not cooperate in the trial. 7. Taking into consideration of the aforesaid reasons, without expressing any finding or opinion on merit of the case, I am inclined to grant bail to the applicant. The bail application is allowed. 8. Let the applicant - Harsh Singh Yadav, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- (Rs. 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 the 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 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of 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 :- 28.5.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad