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2025 DAILYLAW 80410 (ALL)

KISHAN SINGH v. STATE OF U.P.

BAIL/27140/2025 · 2025-08-05

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:133154 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27140 of 2025 Applicant :- Kishan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Gupta,Punit Kesarwani,Vandana Gupta Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. Learned counsel for the applicant submits that F.I.R. was lodged against four unknown persons that they looted one motorcycle, mobile phone and Rs. 3500/- from the informant and his friend. Learned counsel further submits that applicant was apprehended by the police along with three other accused and from their joint possession Rs. 1400/-, two motorcycle, one mobile phone and two country made pistols along with live cartridges. Such recovery is not supported by any independent witness and the same is implanted upon the applicant with malicious intention. One co-accused, namely, Bobby who was also arrested along with the applicant has already been enlarged on bail and as the case of applicant is on similar footing than that of the aforesaid co-accused, therefore, applicant may also be enlarged on bail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that there is one case into the credit of applicant in which he is on bail. The applicant is languishing in jail since 29.05.2025. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant but he could not dispute the submissions made by learned counsel for the applicant. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicant-Kishan Singh, be enlarged on bail in Case Crime No. 249 of 2025, under Sections 309(4), 317(2) of B.N.S., Police Station- Goverdhan, District- Mathura, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. Order Date :- 6.8.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad