Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:110225 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23627 of 2025 Applicant :- Niranjan Singh Alias Chunnu Opposite Party :- State of U.P. Counsel for Applicant :- Satish Sharma Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J.
1. Heard Sri Satish Sharma, learned counsel for the applicant, Sri Rajesh Kumar Singh, learned A.G.A. for the State Respondent and perused the record. 2. By means of the instant bail application, applicant is seeking bail in Case Crime No. 330 of 2024, under Sections 303(2), 317(2), 317(5), 318(4), 338, 336(3) of BNS, 2023, Section 60/63 of U.P. Excise Act and Section 4/25 of Arms Act, Police Station- Refinery, District- Mathura during pendency of trial. 3. It is submitted by learned counsel for applicant that applicant has been falsely implicated in the present case. As per FIR, three accused persons were arrested with 3 car and 21 carat of liquors and one knife. One accused person has been shown to absconded from place of incident. It is submitted that the applicant has been arrested from Highway near Railway Pull Road Delhi to Agra. The applicant has criminal antecedents of two cases to his credit, which has been explained in the affidavit filed in support of the bail application. It is submitted that the co-accused Amitesh @ Monu has already been granted bail vide order dated 03.06.2025 passed by Co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 5895 of 2025. The applicant is languishing in jail since 25.12.2024 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. 4. Learned A.G.A. for the State has opposed the prayer for bail but does not dispute the factual matrix of the case. 5. Considering the fact that co-accused has been granted bail, period of incarceration, nature of offence, evidence, complicity of the accused, submissions of learned A.G.A. and without expressing any opinion on the merits of the case, this Court is of
the view that the applicant has made out a case for bail. The bail application is allowed. 6.
Let the applicant, Niranjan Singh Alias Chunnu, involved in aforesaid case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:- i. The applicant will not tamper with the evidence during the trial. ii. The applicant will not pressurize/intimidate the prosecution witness. iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted and/ or the applicant shall make himself available for interrogation by a police officer as and when required. iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. v. 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. vi. The applicant shall not leave India without the previous permission of the Court. vii. In the event, the applicant changes his residential address, the applicant shall inform the court concerned about new residential address in writing.
7. In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.
8. However, it is made clear that the observations made above may not be taken into consideration in any manner whatsoever by the learned Trial court while adjudicating or expediting the trial in the aforesaid case crime.
Order Date :- 10.7.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad