Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:110798 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22958 of 2025 Applicant :- Harish Chand Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Sushil Kr. Pandey, learned counsel for the applicant, Sri Rajeev Kr. Singh, learned A.G.A. and perused the record.
2. The instant application has been filed to enlarge the applicant on bail in case crime No. 191 of 2025, u/s 318(4), 338, 336(3), 340(2) BNS, P.S. Goverdhan, District Mathura.
3. Contention of learned counsel for the applicant is that merely on the basis of recovery of five ATM cards, three passbooks, nine sim cards and one Android phone, the applicant has been falsely implicated, though there is no evidence on record, connecting the recovered articles with any fraud. It is further submitted that the aforesaid recovery is absolutely false and the same was not witnessed by any independent witness. The applicant is a law abiding citizen and he has no criminal history. He is languishing in jail since 29.4.2025. 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, but he could not dispute the aforesaid fact, regarding misuse of the recovered articles in any cyber crime.
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- Harish Chand, 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 :- 11.7.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad