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2025 DAILYLAW 59108 (ALL)

DEEPAK SINGH v. STATE OF U.P.

BAIL/16825/2025 · 2025-05-22

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:88165 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16825 of 2025 Applicant :- Deepak Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ritesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, seeking enlargement on bail in Case Crime No. 433 of 2024, under Sections 310(2), 317(3) of the Bharatiya Nyaya Sanhita, 2023, Police Station Rura, District Kanpur Dehat during the pendency of trial. 2. Learned counsel appearing on behalf of the applicant has submitted that the FIR was lodged against unknown persons. The applicant's name was disclosed on arrest along with co-accused persons. It is also submitted that the recovery was shown by the police without following the procedure prescribed under law. There is no independent witness of the alleged recovery. It is further submitted that the applicant is languishing in jail since 19.12.2024.The criminal history of one case has been explained in para 9 of the supplementary affidavit.It is next submitted that the investigation has been completed. The charge-sheet has been filed on 17.03.2025. The cognizance has already been taken by the competent court. Learned counsel for the applicant undertakes that the applicant shall abide by all terms and conditions imposed by this Court while granting the bail. He has prayed for enlarging the applicant on bail. 3. Per contra, learned counsel appearing on behalf of State who has accepted notice in advance vehemently opposed the instant bail application but has not contradicted the facts as stated by learned counsel for the applicant during the arguments. 4. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 5. It is admitted fact that the applicant is languishing in jail since 19.12.2024. The criminal history of one case has been explained in para 9 of the supplementary affidavit. The investigation has been completed. The charge-sheet has been filed and the cognizance has already been taken by the competent court as stated above. There are no chance for completion of trial in the near future. It is also undertaken that the applicant shall abide by all terms and conditions as imposed by this Court. It is not brought in the notice of the Court that if the applicant will be enlarged on bail, he may misuse the bail conditions. Taking into consideration all entirety of the matter as discussed above, without expressing any opinion on the merit of the case, I am inclined to grant bail to the applicant. The bail application is allowed. 6. Let the applicant- Deepak 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 23.5.2025 Pratima (Chandra Dhari Singh,J.) Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad