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Neutral Citation No. - 2025:AHC:115855 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24454 of 2025 Applicant :- Wahid Alias Kaliar Opposite Party :- State of U.P. Counsel for Applicant :- Shri Prakash Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Supplementary affidavit filed on behalf of the applicant is taken on record. 2. Heard Sri Shri Prakash Dwivedi, learned counsel for the applicant, Sri Ramesh Kumar, learned A.G.A. for the State and perused the record. 3. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 68 of 2025, under Sections 331(4), 305, 317(2), 317(4) B.N.S., Police Station- Kotwali Katra, District- Mirzapur, during the pendency of the trial. 4. Contention of learned counsel for the applicant is that applicant was not named in the F.I.R. Subsequently, on the basis of recovery of one motorcycle without any registration certificate as well as other incriminating material, he has been falsely implicated in the instant case. It is further submitted that the applicant has not been identified by the first informant. It is also submitted that the charge-sheet has already been filed. Therefore, there is no requirement of custodial interrogation. The applicant is languishing in jail since 19.03.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 5. Per contra, learned A.G.A. has vehemently opposed the prayer for bail on the ground that applicant has criminal history of 7 cases and now, gangsters act has also been invoked against him, therefore, applicant is not entitled to be released on bail. 6. Considering the submissions of learned counsel for the parties and on perusal of record, it appears that on the basis of statement of the applicant, the jewelleries was also recovered from the possession of the jeweller, Vikas Soni, who also admitted that applicant used to sell the stolen jewelleries. From the perusal of the criminal history of the applicant, it is clear that applicant is habitual offender and is involved in similar type of cases and taking into account that on earlier occasion, he was released on bail with the condition that he will not commit any further offence but the applicant kept on committing several offences including offences of similar nature in violation of the bail condition.
Therefore, to stop the applicant from committing further offence and for expeditious disposal of cases pending against him, it would be appropriate that applicant should not be released on bail at this stage. Therefore, this Court is not inclined to grant bail to the applicant. 7. Accordingly, the bail application is rejected at this stage. Order Date :- 17.7.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad