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2025 DAILYLAW 93841 (ALL)

BRIJESH KUMAR ALIAS MALIK v. STATE OF U.P.

BAIL/31250/2025 · 2025-09-18

Gautam Chowdhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31250 of 2025 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 2. Learned counsel for the applicant submits that the applicant is not named in the F.I.R., who was lifted from his house and thereafter implicated in the present case. He further submits that the incident is alleged to have taken place on 20.04.2025, whereas the F.I.R., has been lodged on 05.06.2025 without there being any plausible explanation of such an inordinate delay. He further submits that from the possession of the applicant one ring of yellow metal, one Mangalsutra, one anklet of white metal, 11gold coin and Rs. 8200/- which is false, fabricated and planted by the police only to show their good work. Learned counsel further argued that no such recovery as alleged has been made either on the pointing or from the possession of the applicant. In fact, the applicant was lifted from his house and thereafter the applicant has been falsely implicated in the present case due to ulterior motive. Learned counsel also argued that on the basis of similar recovery one of the co-accused namely, Brijesh Kumar alias Malik was also falsely roped but has been granted bail by this Court vide order dated 10.09.2025 passed in Criminal Misc. Bail Application No. 30918 of 2025, copy of which order has been produced before this Court and is taken on record. 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 applicant is languishing in jail since 10.08.2025. 3. Learned AGA has vehemently opposed the bail application and submits Versus Counsel for Applicant(s) : Mohd Hamid Counsel for Opposite Party(s) : G.A. Brijesh Kumar Alias Malik .....Applicant(s) State of U.P. .....Opposite Party(s) that in case the applicant is released on bail he will misuse the liberty of bail. 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 Brijesh Kumar @ Malik be released on bail in Case Crime No.282 of 2025 under Sections 303(2), 317(2), 317 (4), 317(5), 112(2) B.N.S. Police Station Sidhari, District Azamgarh, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned subject to 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 an 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 breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. September 19, 2025 S.Ali BAIL No. 31250 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad