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2025 DAILYLAW 68948 (ALL)

BIJENDRA MALIK v. STATE OF U.P.

BAIL/22903/2025 · 2025-07-02

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:103550 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22903 of 2025 Applicant :- Bijendra Malik Opposite Party :- State of U.P. Counsel for Applicant :- Subir Lal,Swetashwa Agarwal Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Swetashwa Agarwal, learned counsel for the applicant and Sri Raj Bahadur Verma, 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.123 of 2025, under Sections-140(2), 318(4), 338, 336(3), 340(2) of BNS, Police Station-Baraut, District-Baghpat, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that applicant was not named in the FIR. His name came up in the statement of co-accused Shivam. It is further submitted that abductees were also not recovered from the custody of the applicant but from custody of co-accused, Vijay, Pradyumn and Rajat on 02.03.2025. Applicant has been subsequently falsely implicated on the basis of recovery of Rs.3,00,000/- from his possession while he was sitting in his office though that amount belongs to him. It is further submitted that the co-accused, Pradyumn, Vijay and Shivam, have already been granted bail by this court in Criminal Misc. Bail Application Nos.17747 of 2025, 17974 of 2025 and 19529 of 2025 vide orders dated 06.06.2025, 16.06.2025 and 18.06.2025 respectively. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. 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 16.04.2025. 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- Bijendra Malik 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