Hemant Singh Vs State of U.P.

Neutral Citation No. - 2025:AHC:87862

Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16844 of 2025 Applicant :- Hemant Singh Opposite Party :- State of U.P. Counsel for Applicant :- Dileep Singh Yadav Counsel for Opposite Party :- G.A.

¶3

Hon'ble Chandra Dhari Singh,J.

¶4

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.433 of 2024, under Sections 310(2), 317(3) of B.N.S., Police Station - Rura, District - Kanpur Dehat.

¶5

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. It is also submitted that the F.I.R. was lodged against unknown persons and applicant's name was disclosed on arrest by the police along with other co-accused on the information received by his informer. On the arrest, police has shown the alleged recovery of 315 bore country made pistol and Rs.15,350/Cash from possession of applicant. 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 but on the arrest two more cases have been imposed by the police, which have been explained in paragraph - 12 of the paper book. It is further submitted that after completion of investigation, charge sheet has been filed on 25.02.2025 by the investigating officer and the court concerned has taken cognizance on 04.03.2025.

¶6

Applicant is languishing in jail since 18.12.2024.

¶7

Taking into consideration the aforesaid facts, it is prayed by 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.

¶8

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.

¶9

Heard Sri Bhishm Pal Singh, Advocate (Advocate Roll No.0151/2012) holding brief of Sri Dileep Singh Yadav, learned counsel appearing on behalf of applicant, Sri Rajesh Kumar Gupta, learned AGA appearing on behalf of the State, perused the contents made in bail application and material available on record.

¶10

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 two cases have been imposed by the police on the arrest, which has already been explained. The recovery has been disputed by learned counsel for applicant. There are no material on record to link or connect the applicant with the instant offence at this stage. Applicant is permanent resident of address given in memo of bail application. Applicant is languishing in jail for more than five months. 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

¶11

would be enlarged on bail he will influence the trial or the witnesses.

¶12

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 .

¶13

Let the applicant - Hemant Singh , 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.

¶14

(i) The applicant shall not tamper with evidence.

¶15

(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.

¶16

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

¶17

(Chandra Dhari Singh, J.)

¶18

Order Date :- 23.5.2025/Atul

¶19

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

Hemant Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Hemant Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases