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2025 DAILYLAW 70316 (ALL)

JAY KISHUN ARYA v. STATE OF U.P.

BAIL/23031/2025 · 2025-07-10

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:111723 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23031 of 2025 Applicant :- Jay Kishun Arya Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Sandeep Kumar Yadav, learned counsel for the applicant and Sri Rajiv Kumar Sonkar, learned State Law Officer and perused the material available on record. 2. Applicant seeks bail in Case Crime No. 98 of 2025, under Sections 317(2), 317(4), 341(2) of B.N.S., Police Station - Patherwa, District - Kushinagar, during the pendency of trial. 3. Contention of the learned counsel for the applicant is that on the recovery of one i-phone mobile and Rs 500/- from the possession of the present applicant and on the joint recovery of five motorcycles from the possession of applicant and co-accused Dhiraj Singh, applicant has been falsely implicated in the present case. Though aforesaid recovery was not witnessed by any independent witness. It is further submitted that co-accused Dhiraj Singh has already been released on bail by the co-ordinate Bench of this Court vide order dated 25.06.2025 passed in Criminal Misc. Bail Application No. 21734 of 2025. The applicant is a law abiding citizen and is languishing in jail since 29.04.2025 having no criminal history. Charge has already been submitted against the applicant, therefore, there is no requirement of custodial interrogation. In case, they are granted bail, they 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. 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- Jay Kishun Arya, 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 PS Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad