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Neutral Citation No. - 2025:AHC:128441 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24332 of 2025 Applicant :- Khajanchi @ Khajan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Sharma,Atul Sharma Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J.
1. The present bail application has been moved by the applicant-accused Khajanchi @ Khajan Singh for the offence punishable under Sections 353, 147, 148, 149, 504, 506, 393 I.P.C. & Section 12 of the Dacoity Affected Areas Act in Case Crime No.188 of 2012 (Special Sessions Trial No.561 of 2013), Police Station- Malpura, District Agra. 2. Sri Atul Sharma, learned advocate appeared on behalf of applicant and submits that the accused is an Ex-serviceman and retired person. The matter pertains to the year of 2012. The F.I.R. has been registered against the accused applicant on 21.06.2012 for mishandling the police officials. Non bailable warrant has been issued against the accused in which, he has surrendered himself before the Court. Accused applicant is having criminal history of one case, in which, he has been convicted and the appeal is pending. The accused applicant is languishing in jail since June, 2025. 3. Per contra, learned A.G.A. has opposed the bail application and submits that the accused applicant has criminal history of one case, in which he has been convicted. He is in jail since June, 2025. 4. This court has taken into consideration the rival submissions made by learned counsel for the parties and perused the records. 5. The perusal of the record prima facie reveals that the matter pertains to the year 2013. The accused is nearly 70 years of age and ex-Army person, against whom, the F.I.R. has been registered for mishandling the police officials. He is on personal bond during investigation under Section 41-A Cr.P.C./35 B.N.S.S. Thereafter, he came to know about the pendency of the case when non-bailable warrant has been issued. The accused has surrendered himself before the Court. His bail application was rejected. The accused is ready to face trial. There is criminal history of one case against the accused, in which, the accused has been convicted and the appeal is pending. The matter on the face of it shows that he does not have the knowledge of pendency of the trial. The accused applicant is languishing in jail since June, 2025. 6.
Hence, without touching merit of the case, the bail application is allowed. 7. Let the applicant be released on bail in the aforesaid case crime on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned. Order Date :- 31.7.2025 Shivangi (Avnish Saxena, J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad