Rahul Paswan Vs State of U.P.

Neutral Citation No. - 2025:AHC:86646

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16687 of 2025

Applicant :- Rahul Paswan Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Pal 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. 852 of 2024, under Section 305, 331 (4), 317 (2) of B.N.S., Police Station Indrapuram, District Ghaziabad.

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Learned counsel appearing for 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. Applicant is not named in the first information report. His name was disclosed in the instant case on the arrest by the police on the information received from the informer. Learned counsel further submitted that recovery of one watch has been shown from the possession of the applicant without following the procedure prescribed under law. There are no independent witness of the said recovery. It is further submitted that investigation has been completed and charge sheet has been filed on 19.04.2025. Cognizance has been taken on 21.04.2025. Applicant has no previous criminal history and he is languishing in jail since 25.02.2025. 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 Rajesh Kumar Pal, learned counsel for the applicant as well as Sri K. P. Pathak, 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 25.02.2025 i.e. about three months. There are no previous criminal history of the applicant and charge sheet has already been filed after completion of investigation. Cognizance has been taken by the competent Court. Recovery of one watch shown from the possession of the applicant by the Investigating Agency has also been disputed by the defence counsel on the ground that Investigating Agency has not followed the procedure prescribed under law. There are no independent witness of the said recovery. 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.

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Taking into consideration the nature of offence, recovery and 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- Rahul Paswan 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 :- 22.5.2025 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

Rahul Paswan v. State of U.P.

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