Aniket vs State of U.P.

Neutral Citation No. - 2025:AHC:85789

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12150 of 2025

Applicant :- Aniket Opposite Party :- State of U.P. Counsel for Applicant :- Anil Mishra,Jitendra Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Chandra Dhari Singh,J.

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Supplementary affidavit filed today is taken on record.

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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. 561 of 2024, under Sections 303(2), 317(2), 317(4), 318(4), 338, 336(3), 340(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023, Police Station Kotwali Orai, District Jalaun during the trial of the case.

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Learned counsel appearing on behalf of the applicant has submitted that the FIR was lodged against unknown persons. His name was disclosed on arrest by the police alongwith other coaccused on the information received from the informer. On arrest, the police has allegedly shown recovery of two motorcycles without following procedure prescribed under law. There are no independent witness of the said recovery. It is also submitted that the applicant is innocent person and has not committed any offence as alleged in the F.I.R. He has been falsely implicated in the said case due to ulterior motive. It is further submitted that other co-accused Krashn Kumar Panchal has already been granted bail by the co-ordinate Bench of this Court vide order dated 14.05.2025 passed in Criminal Misc. Bail Application No. 11309 of 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 learned counsel for the applicant as well as Sri Om Prakash Mishra, 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 12.08.2024 more than nine months. The criminal history of six cases has been explained in para 2 of the supplementary affidavit. The investigation has been completed. The charge-sheet has been filed on 26.09.2024 and the cognizance has already been taken by the competent court. There are no chance for completion of trial in the near future. The other co-accused Krashn Kumar Panchal has already been enlarged on bail vide order dated 14.05.2025. 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- Aniket 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 :- 21.5.2025 Pratima

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(Chandra Dhari Singh,J.)

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

Aniket v. State of U.P.

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Aniket v. State of U.P.

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