Allowed

Amit Jha v. State of U.P.

Allahabad HC13 May 2025BAIL/13040/2025

Case brief

AI extract

What is this about?

Bail application under Section 483 BNSS for offences of robbery-related provisions of BNS. Court noted charge sheet filed, cognizance taken, no prior criminal history, no credible evidence linking the applicant, about five months' custody, and delayed trial, and allowed bail with conditions.

What did the court decide?

Applicant released on bail on personal bond of Rs.50,000 with two sureties each in like amount, subject to conditions including non-tampering and presence at trial stages.

Amit Jha vs State of U.P. — Bail and Remand | Allahabad HC (2025)

¶1

Neutral Citation No. - 2025:AHC:78229

¶2

Court No. - 67

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13040 of 2025

¶4

Applicant :- Amit Jha Opposite Party :- State of U.P. Counsel for Applicant :- Hanuman Prasad Kushwaha Counsel for Opposite Party :- G.A.

¶5

Hon'ble Chandra Dhari Singh,J.

¶6

The instant bail application under Section 483 of B.N.S.S. has been filed on behalf of applicant for bail in Case Crime No.16 of 2025, under Sections 309(4), 317(2) of B.N.S., Police Station - Iglas, District - Aligarh.

¶7

Learned counsel appearing on behalf of the applicant has submitted that applicant was not named in the F.I.R. and he was arrested by the police on information received by the informant. It is further submitted that alleged recovery of Rs.61,500/- cash, one country made pistol and one Walky Talky has been shown by the investigating agency, is disputed by applicant as the police has not followed the procedure as prescribed under the law. There are no independent witness of the said recovery. It is also submitted that applicant has no previous criminal history, but after the instant case two case has been imposed by the police, which have been explained in paragraph 16 of the paper book. It is further submitted that after completion of investigation, charge sheet has been filed on 05.03.2025 by the investigating officer and the court concerned has taken cognizance on 18.03.2025. Applicant is languishing in jail since 17.01.2025.

¶8

Taking into consideration the aforesaid facts, it is prayed by

¶9

learned counsel appearing on behalf of applicant that applicant may be released on bail in the aforesaid crime. It is undertaken by learned counsel for the applicant that applicant shall abide by all terms and conditions as imposed by this Court.

¶10

Per contra , learned AGA vehemently opposed the bail application of applicant, but he has not contradicted the facts as stated by learned counsel for the applicant during arguments.

¶11

Heard learned counsel appearing on behalf of applicant, learned AGA appearing on behalf of the State, perused the contents made in bail application and material available on record.

¶12

I have gone through the contents made in the bail application as well as the documents appended with the bail application and perused the affidavit. It is admitted fact that after completion of investigation, charge sheet has been filed and the court concerned has also taken cognizance; there is no previous criminal history against the applicant, but on the arrest he has been implicated in two cases, which has been explained; there is no credible evidence on the record to link the applicant with the instant case; applicant is languishing in jail about five months; undertaking given by learned counsel for applicant that applicant shall abide by all terms and conditions as imposed by this Court; there is no possibility of completion of trial in near future and there is no material brought by learned AGA to establish that if applicant would be enlarged on bail he will not influence the trial or the witnesses.

¶13

Taking into consideration all the entirety of the matter as discussed above, without expressing any finding or opinion on merits of the case, the applicant is releasing on bail. Accordingly, the bail application is allowed .

¶14

Let the applicant - Amit Jha , who is involved in

¶15

aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- (Fifty Thousand) 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.

¶16

(i) The applicant shall not tamper with evidence.

¶17

(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.

¶18

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

¶19

(Chandra Dhari Singh, J.)

¶20

Order Date :- 13.5.2025 Atul

¶21

Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Amit Jha v. State of U.P.

Case brief

What is this about?

What did the court decide?

Amit Jha v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rambelas Patel vs State of U.P.

Rudal and Another vs State of U.P.

Vishal Verma vs State of U.P.

Suresh vs State of U.P.

Udit Kushwaha vs State of U.P.

Amresh vs State of U.P.