Chhote Alias Sanjeev Vs State of U.P.

Neutral Citation No. - 2025:AHC:91616

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18283 of 2025

Applicant :- Chhote Alias Sanjeev Opposite Party :- State of U.P. Counsel for Applicant :- Alok Ranjan Tripathi,Kamlesh Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Chandra Dhari Singh,J.

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This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accusedapplicant, seeking enlargement on bail in Case Crime No. 371 of 2024, under Sections 309(6) of the Bharatiya Nyaya Sanhita, 2023, Police Station Rura, District Kanpur Dehat during the pendency of trial.

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Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and has not committed any offence as alleged in the F.I.R. He has been falsely implicated in the said case due to ulterior motive. He was not named in the FIR. It is also submitted that the police has prepared recovery memo but in recovery memo, no articles have been found from the possession of the applicant. It is further submitted that the applicant is languishing in jail since 10.04.2025 and has criminal history of eight cases which has been duly explained in para 12 of the paper book. It is next submitted that the other co-accused Laliya and Dilvar alias Sanuj have already been granted bail by the co-ordinate Bench of this Court vide orders dated 03.04.2025 and 04.04.2025 passed in Criminal Misc. Bail Application Nos. 10027 of 2025 and 10932 of 2025. It is submitted that the investigation has been completed. The charge-sheet has been filed and the cognizance has been taken by the competent court. There are no chance for completion of trial in the near future. Learned counsel for the applicant undertakes that the applicant shall abide by all terms and conditions imposed by this Court while granting the bail. He has prayed for enlarging the applicant on bail.

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Per contra, learned counsel appearing on behalf of State who has accepted notice in advance vehemently opposed the instant bail application but has not contradicted the facts as stated by

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learned counsel for the applicant during the arguments.

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Heard learned counsel for the applicant as well as Sri Yogendra Singh, learned AGA for the State and perused the record.

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It is admitted fact that the applicant is languishing in jail since 10.04.2025. The criminal history of eight cases has already been explained in para 12 of the paper book. No recovery has been made from the possession of the applicant. The co-accused Laliya and Dilvar alias Sanuj have already been granted bail vide orders dated 03.04.2025 and 04.04.2025. The investigation has been completed. The charge-sheet has been filed and the cognizance has already been taken by the competent court. There are no chance for completion of trial in the near future. It is also undertaken that the applicant will abide by all terms and conditions as imposed by this Court while granting bail. Taking into consideration all entirety of the matter as discussed above, without expressing any opinion on the merit of the case, I am inclined to grant bail to the applicant. The bail application is allowed.

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Let the applicant- Chhote @ Sanjeev 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 :- 28.5.2025 Pratima

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(Chandra Dhari Singh,J.)

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Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad

Chhote Alias Sanjeev v. State of U.P.

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