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Neutral Citation No. - 2025:AHC:115803 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24515 of 2025 Applicant :- Ashwani Singh Urf Shani Singh Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Arun Kumar Srivastava, learned counsel for the applicant, 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. 567 of 2024, under Sections 311, 61(2), 317(3) B.N.S., Police Station- Bhelupur, District- Varanasi, during the pendency of the trial.
3. Contention of learned counsel for the applicant is that applicant was not named in the F.I.R. Subsequently, the name of the applicant came up in the statement of co-accused. Thereafter, applicant was arrested and merely on the basis of recovery of Rs.9,500/-, he has been falsely implicated in the present case though aforesaid recovery was not witnessed by any independent witness. It is also submitted that the charge-sheet has already been filed. Therefore, there is no requirement of custodial interrogation. It is also submitted that applicant has explained his criminal history in the supplementary affidavit. The applicant is languishing in jail since 28.04.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.
4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid fact.
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- Ashwani Singh Urf Shani Singh, 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 :- 17.7.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad