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2025 DAILYLAW 68565 (ALL)

BAL KISAN v. STATE OF U.P.

BAIL/22165/2025 · 2025-07-02

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:103416 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22165 of 2025 Applicant :- Bal Kisan Opposite Party :- State of U.P. Counsel for Applicant :- Umesh Chandra Tiwari Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Umesh Chandra Tiwari, learned counsel for the applicant, Sri Amrit Raj Chaurasia, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.497 of 2024, under Sections-318(4), 316(2) of BNS, Police Station-Civil Lines, District-Budaun, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that allegation is that applicant's company persuaded the first informant to invest money with the assurance of handsome return. It is further submitted that applicant is not concerned with the company. Wife of the applicant is Director in the above company. It is further submitted that all the offences are punishable up to 7 years and during the investigation, present applicant has not been arrested and chargesheet has been filed. Therefore, in view of the law laid down by the Apex Court in the case of Satender Kumar Antil vs Central Bureau of Investigation and another reported in (2022) 10 SCC 51, applicant is entitled to be released on bail during trial. It is further submitted that the applicant has no criminal history. The applicant is a law abiding citizen and he is languishing in jail since 10.06.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts. 5. 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- Bal Kisan 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 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad