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2025 DAILYLAW 71205 (ALL)

BENAMI v. STATE OF U.P.

BAIL/23556/2025 · 2025-08-12

Sanjay Kumar Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:137966 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23556 of 2025 Applicant :- Benami Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Kumar Srivastava,Saagar Srivastava Counsel for Opposite Party :- G.A.,Punya Sheel Pandey Hon'ble Sanjay Kumar Singh,J. On the matter being taken up, learned A.G.A. representing the State upon instruction pointed out that in para 19 of the bail application, it is mentioned that the applicant is religious, god fearing, peace loving and law abiding citizen and has no criminal history except this case whereas apart from this case, the applicant has criminal history of following two cases : "(i) Case Crime No. 195 of 2020, under Sections 147, 323, 452, 504, 506 IPC, Police Station Chhata, District Mathura, (ii) Case Crime No. 473 of 2018, under Sections 308, 323, 504, 506 IPC and Section 3(1)घ, 3(1)द SC/ST Act, Police Station Chhata, District Mathura." In response, learned counsel for the applicant submits that he is not inclined to press this bail application, therefore, he may be permitted to withdraw this bail application with liberty to file fresh bail application with better particulars. Learned A.G.A. has no objection to such prayer of learned counsel for the applicant. In view of the above, instant bail application is dismissed as withdrawn with liberty as prayed for. Office is directed to return certified copy of the documents, if any, after retaining the xerox copy of the same, to learned counsel for the applicant within two days. It is made clear that since this bail application has not been heard on merits, therefore, in case fresh bail application is moved, the same shall not be treated as tied-up or part-heard to this Bench. Order Date :- 13.8.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad