Bachhu Singh vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 40071 of 2025

Bachhu Singh

.....Applicant(s) Versus State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Gaurav Tiwari, Ramesh Kumar Counsel for Opposite Party(s) : G.A.

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Court No. - 64

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HON'BLE VIVEK VARMA, J.

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Heard learned counsel for the applicant and Sri V.P. Tripathi, learned A.G.A. for the State-opposite party.

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The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 38 of 2025, under Section 140(1) B.N.S., Police Station Basauni, District Agra during the pendency of the trial.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant did not kidnap the informant's son, rather the victim had gone to the applicant of his own volition. It is next contended that the victim did not sustain any injury nor was any ransom demanded by the applicant. The victim was also not recovered from the possession of the applicant. At this stage there is no corroborative evidence to link the applicant with the offence. The applicant is in jail since 01.07.2025 having no criminal history and if he is released on bail, he will not misuse the said liberty.

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Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that the victim was not recovered from the possession of the applicant. At this stage there is no corroborative evidence to link the applicant with the offence. The

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BAIL No. 40071 of 2025

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applicant has no criminal antecedents. Moreover, the applicant has remained confined for almost five months and after submission of the charge-sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting 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- Bachhu Singh, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he:

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(i) shall appear on the date fixed by the trial court;

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