Amresh Vs State of U.P.

Neutral Citation No. - 2025:AHC:78525

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13092 of 2025

Applicant :- Amresh Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Chandra Dhari Singh,J.

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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.510 of 2024, under Sections 324(4), 305, 331(4), 317(2) of B.N.S., Police Station - Shahjanwa, District - Gorakhpur.

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Learned counsel appearing on behalf of the applicant has submitted that applicant is innocent person and has not committed any offence as alleged in the F.I.R. It is further submitted that applicant has been falsely implicated in the instant case due to ulterior motive. Applicant was not named in the F.I.R. and his name came into light on the arrest made by police on information received by his informer. Recovery which 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 is the man of clean antecedents and he has no previous criminal history. It is further submitted that after completion of investigation, charge sheet has been filed on 16.03.2025 by the investigating officer and the court concerned has taken cognizance on 09.04.2025. Applicant is languishing in jail since 04.03.2025.

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Taking into consideration the aforesaid facts, it is prayed by

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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.

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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.

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Heard Sri Surendra Bahadur Singh, learned counsel appearing on behalf of applicant, Sri Rajesh Kumar Mishra, learned AGA appearing on behalf of the State, perused the contents made in bail application and material available on record.

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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; there is no material on record to link the applicant with the instant offence at this stage; 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 influence the trial or the witnesses.

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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 .

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Let the applicant - Amresh , who is involved in 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

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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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(Chandra Dhari Singh, J.)

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Order Date :- 13.5.2025 Atul

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

Amresh v. State of U.P.

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