Himanshu Alias Banti vs State of U.P.

Neutral Citation No. - 2025:AHC:85741

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16499 of 2025

Applicant :- Himanshu Alias Banti Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Kumar,Manvendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Chandra Dhari Singh,J.

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Instant application filed under Section 483 of B.N.S.S seeking bail in Case Crime No. 118 of 2024, under Sections 191 (2), 191 (3), 190, 109, 115 (2), 351 (3), 117 (2) of B.N.S., Police Station Purkaji, District Muzaffarnagar.

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Learned counsel appearing on behalf of the applicant submitted that applicant is innocent and he has not committed any offence as alleged in the first information report. He has been falsely implicated in the instant case due to ulterior motive. It is also submitted that applicant is not named in the first information report. His name was disclosed on the confessional statement of co-accused Nitik and thereafter, injured has also taken his name in his statement. Learned counsel further submitted that applicant has been arrested on 04.04.2025 by the police. It is further submitted that no incriminating article has been recovered either from the possession of the applicant or on his pointing out. It is further submitted that criminal history of the applicant has been explained in paragraph no.36 of the paper book. It is also submitted that general role of instigation has been assigned to the applicant. The main role of firing and causing bullet injury to the injured has been assigned to co-accused Nitik @ Bittu. The other co-accused who are having similar role, have already been enlarged on bail by the

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co-ordinate Bench of this Court. The said bail orders are appended as Annexure No. 14 with the paper book. It is further submitted that applicant is permanent resident of address given in the memo of bail application. It is further submitted that there is no likelihood of applicant fleeing from the course of justice or tampering the evidence, if he released on bail. Learned counsel appearing on behalf of applicant also undertaken that he will abide by all terms and conditions as imposed by this Court while granting bail.

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Per contra, learned A.G.A. appearing on behalf of State vehemently opposed the instant bail application but he has not contradicted the facts as stated above by learned counsel for the applicant.

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Heard Sri Manvendra Singh, learned counsel for the applicant as well as Sri S. K. Ojha, learned A.G.A. appearing on behalf of the State in advance notice and perused the contents made in the first information report as well as material placed on record.

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It is admitted fact that applicant is languishing in jail since 04.04.2025. The other co-accused to whom role of instigation has been assigned, have already been enlarged on bail by the coordinate Bench of this Court. The criminal history of applicant has been explained as stated above by learned counsel for the applicant. No incriminating material has been recovered either from the possession of the applicant or on his pointing out. Applicant is permanent resident of address given in the memo of bail application and therefore, there is no flight risk. There are very dim chance of conclusion of trial in near future. It is also undertaken on behalf of applicant that he will abide by all terms and conditions as imposed by this Court while granting bail. No

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material brought on record by the learned A.G.A. that if the applicant is released on bail, he will not co-operate in trial or misuse the bail condition.

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Taking into consideration the nature of offence as well as other reasons as stated above, without expressing any opinion on the merits of the case, I am inclined to allow the bail application. Accordingly, the bail application is allowed .

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Let the applicant- Himanshu Alias Banti, 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 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

Himanshu Alias Banti v. State of U.P.

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Himanshu Alias Banti v. State of U.P.

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