Neeraj vs State of U.P.

Neutral Citation No. - 2025:AHC:56193

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4482 of 2025

Applicant :- Neeraj Opposite Party :- State of U.P. Counsel for Applicant :- Pramod Kumar,Sanjay Kumar Rajbhar Counsel for Opposite Party :- G.A.

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Hon'ble Chandra Dhari Singh,J.

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The instant application has been filed under Section 483 of the BNSS, 2023 for seeking bail in Case Crime No. 720 of 2024 under sections 305, 331(4), 317(2) of BNS, Police Station - Loni Border, District - Ghaziabad.

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Learned counsel appearing on behalf of the applicant/petitioner has submitted that the applicant is innocent person and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case. He has been arrested by the police on the information received by the informer. On the arrest of the appellant, Rs. 4,00,000/- was recovered. The recovery memo was prepared on 05.12.2024 without following the procedure prescribed under the law.

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The joint recovery amount from all accused persons is explained in paragraph nos. 13 and 14 of the paper book.

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In view of the aforesaid facts, it is prayed that the applicant may be released on bail. He is languishing in jail since 06.12.2024. It is submitted that there is no chance of completion of trial in near future. It is further undertaken that applicant shall abide by all terms and conditions as imposed by the Court in case he is released on bail.

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Per contra, learned counsel appearing on behalf of the State has vehemently opposed the instant bail application and submitted that recovery of Rs. 4 lakhs has been shown from the possession of the applicant. He further submitted that taking into consideration of seriousness of the offence, the applicant is not entitled for any leniency by this Court for the purpose of granting bail to him. There is no merit in the bail application for granting bail as prayed by the applicant and the application is liable to be dismissed.

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Heard learned counsel for the applicant, learned AGA for the State, perused the material available on record.

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I have gone through the contents made in the application as well as the documents appended with the application and perused the affidavit. It is admitted fact that there is no previous criminal history of the applicant. Investigation has already been completed and charge sheet has been submitted on 15.12.2024. There is no material on record to show that the applicant will not cooperate in the trial or will influence the witness. He is languishing in jail for more than 5 months. There is no possibility of completion of trial in near future.

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Taking into consideration all entirety of the matter as discussed above, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed.

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Let the applicant - Neeraj, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rupees 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.

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(i). The applicant shall not tamper with the 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 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of 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 :- 16.4.2025

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S.K.S.

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(Chandra Dhari Singh,J.)

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Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad

Neeraj v. State of U.P.

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Neeraj v. State of U.P.

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