Akash Patel Vs State of U.P.

Neutral Citation No. - 2025:AHC:74915

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15585 of 2025

Applicant :- Akash Patel Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Pandey,Shailendra Kumar Yadav

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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.311 of 2024, under Sections 331(4), 305(a), 317(2), 317(4), 317(5), 3(5) of B.N.S., Police Station - Chunar, District - Mirzapur.

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Learned counsel appearing on behalf of the applicant has submitted that applicant is not named in the F.I.R., his name was disclosed on arrest by the police along with co-accused on information received by the informant. It is further submitted that applicant has been falsely implicated in the instant case due to ulterior motive. It is further submitted that from joint possession of accused persons, alleged stolen property has been recovered. The police has shown the recovery of Rs.350/- cash from possession of applicant and there is no independent witness of the alleged recovery. It is further submitted that the police has made alleged recovery without following procedure prescribed under the law. 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 20.11.2024 by the investigating officer and the court concerned has taken cognizance on 26.12.2024. Applicant is languishing in jail

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since 22.10.2024. It is further submitted that there is no possibility of completion of trial in near future.

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Taking into consideration the aforesaid facts, it is prayed on behalf of applicant that he may be released on bail in the aforesaid crime. It is further 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 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.

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It is admitted fact that charge sheet has been filed and cognizance has been taken; applicant is the man of clean antecedents and there is no previous criminal history against him; applicant is languishing in jail more than six months, recovery memo has been disputed by learned counsel for applicant as procedure prescribed under the law has not been followed, there is no credible evidence on record to link the applicant with the instant offence, there is no possibility of completion of trial in near future and there is no material brought by learned AGA that if applicant may grant bail he will influence the trial or influence 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,

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the bail application is allowed .

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Let the applicant - Akash Patel , 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 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 :- 8.5.2025 Atul

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

Akash Patel v. State of U.P.

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