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Neutral Citation No. - 2025:AHC:88861 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17021 of 2025 Applicant :- Ajit Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Dharmendra Kumar Shukla 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.197 of 2025, under Sections 109, 115(2), 352, 3(5) of B.N.S., Police Station - Geeda, District - Gorakhpur.
2. Learned counsel appearing on behalf of the applicant has submitted that applicant is innocent person and has not committed any offence as alleged in the F.I.R. It is further submitted that applicant has been falsely implicated in the instant case due to ulterior motive. It is further submitted that as per F.I.R., role assigned to the present applicant is only catching hold to the injured/informant, the main role assigned to co-accused, Mukesh for causing injuries to the injured persons. As per injury report, the injured has sustained four injuries, out of which, one injury is simple in nature and three injuries are grievous in nature, but not danger to life. It is also submitted that criminal history of one case has been explained in paragraph 15 of the paper book. It is further submitted that after completion of investigation, charge sheet has been filed on 24.04.2025 by the investigating officer and the court concerned has taken cognizance. Applicant is languishing in jail since 06.04.2025.
3. Taking into consideration the aforesaid facts, it is prayed by
learned counsel appearing on behalf of applicant that applicant may be released on bail in the aforesaid crime. It is 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 vehemently opposed the bail application of applicant, but he has not contradicted the facts as stated by learned counsel for the applicant during arguments.
5. Heard learned counsel appearing on behalf of applicant, Sri Rajesh Kumar Gupta, learned AGA appearing on behalf of the State, perused the contents made in bail application and material available on record.
6. I have gone through the contents made in the bail application as well as the documents appended with the bail application and perused the affidavit. It is admitted fact that main role has been assigned to other co-accused, Mukesh for causing injuries to the injured, not to the present applicant. As per the record, role of catching hold has been assigned to the present applicant. After completion of investigation, charge sheet has been filed and the court concerned has also taken cognizance. Criminal history of one case has already been explained. Applicant is languishing in jail since 06.04.2025. There is no possibility of completion of trial in near future and there is no material brought by learned AGA to establish that if applicant would be enlarged on bail he will influence the trial or the witnesses. Applicant is the permanent resident of address given in memo of bail application and there is no flight risk. There are dim chance for conclusion of trial in near future.
7. Taking into consideration 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.
8. Let the applicant - Ajit Yadav, 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.
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 :- 26.5.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad