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Neutral Citation No. - 2025:AHC:30466 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2082 of 2025 Applicant :- Akash Opposite Party :- State of U.P. Counsel for Applicant :- Gaytri Rajput,Indra Pal Singh Rajpoot Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Indra Pal Singh Rajpoot, learned counsel for the applicant and Sri Vijay Bahadur Maurya, learned AGA for the State-respondent
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.799 of 2024, under sections 111, 341 (2), 318(4) B.N.S. and Section 3/7 Essential Commodities Act, Police Station-Kotwali Orai, District- Jalaun, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits, as per allegation when a raid was made then number of vehicles were found to be loaded with fake urea including a vehicle of the applicant. 4. He further submits, actually applicant indulge in the business of transportation and he used to transport the articles from one place to another place and the alleged recovered fake urea was also being transported from his vehicle and he never indulged in the alleged offence and only being owner of the vehicle he has been made accused in the present matter. 5. He further submits however applicant has also been challaned for offence under section 111 B.N.S. i.e. organized crime but there is no cogent evidence in this regard against the applicant.. 6. He further submits, applicant is not having any criminal history and in the present matter, he is in jail since 01.12.2024. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the factual arguments advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation, fake urea was recovered from number of vehicles including the vehicle of the applicant but defence taken by applicant in the instant bail application cannot be completely brushed aside at this stage. Further, however,
applicant has also been challaned for offence under section 111 B.N.S. but applicant is not having any criminal history and except the bald allegation that he also indulged in the commission of organized crime, there is no other cogent evidence in this regard against him on record. 10.
Further, in the present matter, applicant is in jail since 01.12.2024. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant- Akash be released on bail in the aforesaid case on 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 appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 14. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 15. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 4.3.2025 Neeraj Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad