Suresh Pasi Vs State of U.P.

Neutral Citation No. - 2025:AHC:32365

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5397 of 2025

Applicant :- Suresh Pasi Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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supplementary affidavit, filed by the counsel for the applicant, is taken on record.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The instant bail application, under Section 483 B.N.S.S., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 126 of 2024, under Sections 331(4), 305(a), 317(2), 317(4), 317(5) B.N.S., Police Station- Sardhuwa, DistrictChitrakoot during pendency of the trial.

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Counsel for the applicant submits that the applicant was not named in the first information report. The applicant was travelling in a Innova car. He was arrested on 16.8.2024 along with nine coaccused in Case Crime No. 0132 of 2024, under Section 3/25 Arms Act, P.S. Sardhuva, District Chitrakoot and has been falsely implicated in the instant case. In the said case the applicant has been granted bail by the Sessions Judge, Chitrakoot vide order dated 12.12.2024 passed in Criminal Bail Application No. 1323 of 2023 (Suresh Pasi vs. State of U.P.) False recovery of a country made pistol and two live cartridges has been shown from the personal possession of the applicant. Recovery of a mobile phone and Indian currency of Rs.500/- has also been shown from the applicant. The said mobile phone and Indian currency belongs to the applicant. Further, false recovery of ornaments of yellow and white metal have also been shown from the alleged Innova car. There is no independent witness to the alleged recovery. It is next contended that identically placed co-accused Jogendra has been granted bail by this Court vide order dated 17.12.2024 passed in Criminal Misc. Bail Application No. 41020 of 2024. The applicant claims parity. The criminal history of the applicant has been explained in para 19 of the bail application. The applicant is in jail since 16.8.2024. In case he is enlarged on bail, he will not misuse

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the said liberty.

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Learned A.G.A. has opposed the prayer for bail. He submits that the applicant has criminal antecedents.

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After hearing the rival contentions, this Court prima facie finds that applicant was not named in the first information report. There is no independent witness to the alleged recovery. Identically placed co-accused Jogendra has been granted bail by this Court.

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In so far as criminal antecedents of the applicant is concerned, it is not the case of the State that applicant might tamper with or otherwise adversely influence the investigation, or that he might intimidate witnesses before or during the trial. The State has also not placed any cogent material that applicant in past attempted to evade the process of law. In the opinion of this Court, if the accused is otherwise found to be entitled to bail, he cannot be denied bail only on the ground of criminal history, no exceptional circumstances on the basis of criminal antecedents have been shown to deny bail to accused, hence, the Court does not feel it proper to deny bail to the applicant just on the ground that he had criminal antecedent.

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In Ash Mohammad Vs. Shiv Raj Singh, (2012) 9 SCC 446 , the Apex Court in para 30 has observed:-

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"We may hasten to add that when we state that the accused is a historysheeter we may not be understood to have said that a history-sheeter is never entitled to bail. But, it is a significant factor to be taken note of regard being had to the nature of crime in respect of which he has been booked."

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In the case of Prabhakar Tewari Vs. State of U.P. and another, 2020 (11) SCC 648 , the Hon'ble Supreme Court has observed that pendency of several criminal cases against an accused may itself cannot be a basis for refusal of bail.

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The principle that Bail is a rule and Jail is an exception has been well recognized by Apex Court more specifically on the touch stone of Article 21 of the Constitution. The said principle has been reiterated by the Apex Court in Satyendra Kumar Antil Vs. Central Bureau of Investigation and another, 2022 (10) SCC 51 .

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It is settled principle of law that the object of bail is to secure the attendance of the accused at the trial. Learned A.G.A. for the State has not shown any material or circumstances that the accused/applicant is not entitled to bail in larger interest of the

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public or State.

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Further, the applicant has remained confined for more than eight six, there is no hope of early conclusion of trial and 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- Suresh Pasi involved in the aforesaid case be released on bail on his furnishing a personal bond and two heavy sureties (in view of criminal history) each in the like amount to the satisfaction of the court concerned subject to conditions that he:

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

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(ii) shall not tamper with the prosecution evidence;

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(iii) shall not pressurize the prosecution witnesses and

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(v) shall appear on first Sunday of every month at the Police Station concerned .

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