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2025 DAILYLAW 68080 (ALL)

PROVIR MANDAL v. STATE OF U.P.

BAIL/22087/2025 · 2025-07-02

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:103227 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22087 of 2025 Applicant :- Provir Mandal Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Ajay Kumar Pandey, learned counsel for the applicant, Sri Uday Bhan, learned A.G.A. for the State and perused the record. 2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No.87 of 2025, under Sections 316(2), 317(2) B.N.S, Police Station- Dehli Gate, District Meerut. 3. Contention of learned counsel for the applicant is that as per the allegation in the FIR, the applicant is used to make gold jewellery and certain gold was given by the first informant to the applicant for making golden set which was to be returned by the applicant by 06.05.2025. But instead of giving time, the instant FIR has been lodged on 03.05.2025 because of dispute over the money which was payable by the first informant to the applicant towards his work for making jewellery. It is further submitted that even 164 gm gold was recovered from the applicant even then no offence is made out because the amount of Rs.4 lakh of the applicant was dues against the first informant. He further submitted that the applicant has no criminal history, therefore, ingredients of Section 317 BNS is not attracted. He further submitted that all the offences are punishable below 7 years and in view of the judgement of Apex Court in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation and Another reported in (2021) 10 SCC 773, the applicant is entitled to be released on bail. The applicant is a law abiding citizen and he is languishing in jail since 11.05.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned A.G.A. for the State opposed the prayer for bail. 5. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Provir Mandal involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- i. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 3.7.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad