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Neutral Citation No. - 2025:AHC:111252 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23862 of 2025 Applicant :- Bablesh Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Indresh Kumar Mishra,Kundan Rai Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Indresh Kumar Mishra, learned counsel for the applicant, Sri Ram Dhan along with Sri Ameet Srivastava,
learned counsel for the informant (upon appearance filed today), Sri Pushpendra Singh Jadon, 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.69 of 2025, under Sections-331(4), 305(ka), 317(2) BNS, Police Station- Manda, Yamunanagar Police Commissionerate, District- Prayagraj, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that applicant was not named in the FIR. Subsequently on the basis of recovery of certain articles of yellow and white jewellery from the possession of the applicant, he has been falsely implicated. Though, this recovery was not witnessed by any independent witness. It is further submitted that the applicant has no criminal history. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and he is languishing in jail since 09.05.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial
proceedings. 4. Learned counsel for the informant and learned A.G.A. have opposed the prayer for bail and submitted that recovered jewellery from the possession of the applicant has been identified by the first informant but could not dispute the aforesaid fact regarding witnessing the recovery by any independent witness. 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- Bablesh Mishra 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 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad