Hariom Alias Bhura vs State of U.P.

Neutral Citation No. - 2025:AHC:113213

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21527 of 2025

Applicant :- Hariom Alias Bhura Opposite Party :- State of U.P. Counsel for Applicant :- Kamalendra Kumar Maurya Counsel for Opposite Party :- G.A.

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Hon'ble Arun Kumar Singh Deshwal,J.

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Heard Sri Kamalendra Kr. Maurya, learned counsel for the applicant, Sri Padmakar Rai, learned A.G.A. and perused the record.

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The instant application has been filed to enlarge the applicant on bail in case crime No. 22 of 2025, under Sections 303(2), 317(2) BNS, P.S. Chhajlet, District Moradabad.

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Contention of learned counsel for the applicant is that the applicant was not named in the F.I.R. however, subsequently after registration of the F.I.R., a tractor, which was shown to be missing in the F.I.R., was allegedly recovered from the applicant, though there was no independent witness of the said recovery. The applicant has no criminal history except one case registered under Arms Act. It is further submitted that the applicant has been falsely implicated and he is languishing in jail since 1.2.2025. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

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On the other hand, learned A.G.A. for the State opposed the prayer for bail, but he could not dispute the aforesaid fact.

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Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant- Hariom @ Bhura , involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-

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i. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment.

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iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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iv. The applicant shall attend in accordance with the conditions of the bond executed by him.

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