Abid Ali vs State of U.P.

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Neutral Citation No. - 2025:AHC:84532

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Court No. - 67

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11476 of 2025

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Applicant :- Abid Ali Opposite Party :- State of U.P.

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Hon'ble Chandra Dhari Singh,J.

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This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accusedapplicant, seeking enlargement on bail in Case Crime No. 693 of 2024, under Sections 123, 309(4) of the Bharatiya Nyaya Sanhita, 2023, Police Station Cantt, District Gorakhpur during the trial of the case.

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Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and has not committed any offence as alleged in the F.I.R. It is also submitted that the applicant is not named in the FIR. He was arrested by the police on the information received from the informer but no recovery was made by the police. It is further submitted that the applicant is languishing in jail since 26.01.2025. He is a man of clean antecedents and has no previous criminal history. It is next submitted that the investigation has been completed. The chargesheet has been filed on 01.03.2025. The cognizance has already been taken by the competent court on 24.03.2025. Learned counsel for the applicant undertakes that the applicant shall abide by all terms and conditions imposed by this Court while granting the bail. He has prayed for enlarging the applicant on bail.

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Per contra, learned counsel appearing on behalf of State who has accepted notice in advance vehemently opposed the instant bail application but has not contradicted the facts as stated by learned counsel for the applicant during the arguments.

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Heard Sri Subhash Chandra Pandey, learned counsel for the applicant as well as Sri K.P.Pathak, learned AGA for the State and perused the record.

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It is admitted fact that the applicant is languishing in jail since 26.01.2025. He is a man of clean antecedents. There are no recovery made from his possession or on pointing out of the

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applicant. The investigation has been completed. The charge-sheet has been filed and the cognizance has already been taken by the competent court as stated above. There are no chance for completion of trial in the near future. After perusal of the case diary, I do not find any credible evidence at this stage to connect the applicant in the instant offence. It is not brought in the notice of the Court that if the applicant will be enlarged on bail, he will misuse the bail conditions. It is also undertaken by the applicant that the applicant shall abide by all terms and conditions as imposed by this Court. Taking into consideration all entirety of the matter as discussed above, without expressing any opinion on the merit of the case, I am inclined to grant bail to the applicant. The bail application is allowed.

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Let the applicant- Abid Ali who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall not tamper with evidence.

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(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 20.5.2025 Pratima

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(Chandra Dhari Singh,J.)

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Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad

Abid Ali v. State of U.P.

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Abid Ali v. State of U.P.

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