Aaris Vs State of U.P.

Neutral Citation No. - 2025:AHC:85849

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17390 of 2025

Applicant :- Aaris Opposite Party :- State of U.P. Counsel for Applicant :- Shravan Kumar Singh,Umesh Kumar Patel 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. 86 of 2025, under Sections 109, 238, 61 (2), 3 (5) of B.N.S., Police Station Dadri, District Gautam Buddha Nagar.

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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. Learned counsel further submitted that role has been assigned to the applicant only to stand alongwith co-accused Chhote at the place of incident during the commission of offence. It is further submitted that role of causing injuries to the injured by way of using knife assigned to co-accused Rehan. It is further submitted that role of holding the victim/injured has been assigned to co-accused Ayan. It is further submitted that similarly placed co-accused Chhote with whom the applicant was standing at the place of incident during the commission of offence, has already been enlarged on bail on 28.04.2025 by the co-ordinate Bench of this Court. Learned counsel further submitted that since the role of applicant and co-accused Chhote stands on similar footing, therefore, he may also be enlarged on bail. Learned counsel further submitted that

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no incriminating article has been recovered either from the possession of the applicant or on his pointing out. Applicant has no previous criminal antecedents and he is languishing in jail since 20.02.2025. After completion of investigation, police has filed the charge sheet on 27.04.2025. 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 Shravan Kumar Singh, learned counsel for the applicant as well as Sri R. K. Mishra, 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 role assigned to the applicant and the co-accused Chhote is same and co-accused Chhote has already been enlarged on bail by the co-ordinate Bench of this Court. Applicant is a man of clean antecedents and he is languishing in jail since 20.02.2025. After completion of investigation, charge sheet has been filed. Main role of causing injuries has been assigned to co-accused Rehan. 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.

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Taking into consideration the nature of offence, role assigned to the applicant and other reasons as stated above, without expressing any opinion on the merits of the case, I am inclined

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to allow the bail application. Accordingly, the bail application is allowed .

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Let the applicant- Aaris, 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

Aaris v. State of U.P.

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