Allowed

Balvinder Alias Mataru v. State of U.P.

Allahabad HC3 Apr 2025BAIL/10208/2025

Case brief

AI extract

What is this about?

The Allahabad High Court allowed bail to the applicant in a criminal case involving charges under BNS and Arms Act. The court observed that prosecution witnesses turned hostile during trial, leaving no substantive evidence against the applicant who had already spent over eight months in jail.

What did the court decide?

Release on bail by furnishing personal bond and two sureties subject to standard conditions. Nothing decided on merits of the case.

Balvinder Alias Mataru vs State of U.P. — Bail and Remand | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:47163

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10208 of 2025

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Applicant :- Balvinder Alias Mataru Opposite Party :- State of U.P. Counsel for Applicant :- Ishwar Chandra Tyagi Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Ishwar Chandra Tyagi, learned counsel for the applicant and Sri Manav Chaurasia, learned AGA for the Staterespondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 209 of 2024, under Sections 103(1), 109, 3(5), 191(2), 191(3), 333 BNS and 3/25 Arms Act, Police Station- Mandi Dhanaura, District- Amroha, during pendency of the trial in the court below.

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Learned counsel for the applicant submitted that applicant was not named in the FIR but during investigation, through the statement of one eye-witness Vandana, his name was surfaced in the present matter.

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He further submitted that however, there are as many as eight witnesses of fact including Vandana but during trial they did not support the prosecution case and they have been declared hostile and their statements recorded before the trial court have been annexed along with the instant bail application. He further submitted that now there is no evidence left against the applicant, on the basis of which, he can be convicted in the present matter.

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He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 25.07.2024 i.e. for last more than eight months.

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Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the

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record of the case.

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However, during investigation, applicant has been made accused in the present matter through the statement of eye-witness Vandana and thereafter number of eye-witnesses also disclosed his name but it appears, when they appeared before the trial court then during trial they did not support the prosecution case and they have been declared hostile.

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Further, applicant is not having any criminal history and he is in jail in the present matter since 25.07.2024 i.e. for last more than eight months.

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Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Balvinder Alias Mataru 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:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(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.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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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.

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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.

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Order Date :- 3.4.2025 KK Patel

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Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Balvinder Alias Mataru v. State of U.P.

Case brief

What is this about?

What did the court decide?

Balvinder Alias Mataru v. State of U.P.

Case brief

What is this about?

What did the court decide?

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