Sumit vs State of U.P.

Neutral Citation No. - 2025:AHC:55453

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12382 of 2025

Applicant :- Sumit Opposite Party :- State of U.P. Counsel for Applicant :- Mukesh Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Chandra Dhari Singh,J.

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Instant application filed on behalf of applicant Sumit under Section 483 of B.N.S.S seeking bail in Case Crime No. 18 of 2025, under Sections 305 (d), 331 (4), 317 (2) of Bhartiya Nayaya Sanhita (B. N. S.), 2023, Police Station Kotwali, District Etawah.

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Learned counsel appearing for the applicant submitted that applicant was not named in the first information report. It is further submitted that on the basis of information furnished by the informer, 5 accused including the applicant were arrested on 15.02.2025. It is further submitted that he has been falsely implicated in the present case as he has not committed any offence as alleged in the first information report. It is also submitted that there is no recovery on the part of the applicant. Learned counsel further submitted that the other co-accused whose cases stands on similar footing have already been granted bail vide order dated 11.03.2025 and 21.03.2025, which are appended as annexure no.4 collectively to the bail application. Learned counsel for the applicant further submitted that in view of the aforesaid facts and circumstances, applicant may also be released 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

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bail application but not contradicted the facts as stated by learned counsel for the applicant that there are no recovery on the part of applicant and other co-accused namely Gaurav @ Golu and Gautam have already been enlarged on bail by the Co-ordinate Bench of this Court.

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Heard learned counsel for the applicant as well as learned A.G.A. appearing on behalf of the State in advance notice and perused the material on record.

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Similarly placed co-accused namely Gaurav @ Golu and Gautam have already been enlarged on bail by the Co-ordinate Bench of this Court. It is an admitted fact that there is no recovery on the part of the applicant and there are no criminal history against the applicant as stated in paragraph no.19 of the affidavit filed in support of the bail application which is not denied by learned A.G.A. appearing on behalf of State. Applicant is languishing in jail since 26.02.2025 and he is permanent resident of the address as mentioned in the bail application.

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Taking into consideration all entirety of the matter as discussed above, I am inclined to grant bail to the applicant. The bail application is allowed .

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Let the applicant- Sumit, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 25,000/- 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

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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 :- 16.4.2025 AKT

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(Chandra Dhari Singh, J.)

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Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad

Sumit v. State of U.P.

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Sumit v. State of U.P.

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