Ajay vs State of U.P.

Neutral Citation No. - 2025:AHC:49608

Court No. - 64

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6667 of 2025

Applicant :- Ajay Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Pankaj Dwivedi, learned counsel for the applicant and Sri Ajay Singh, learned AGA-I for the State and perused the material on records.

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This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Ajay seeking enlargement on bail during trial in connection with Case Crime No. 518 of 2024, under Sections 191(2), 191(3), 190, 109(1), 103(1), 305(A) B.N.S., Police Station Jagdishpura, District Agra.

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Learned counsel for the applicant argued that identically placed co-accused Smt. Rajkumari, Smt. Sapna, Smt. Puspa Devi, Pooja and Deepak have been granted bail by Co-ordinate Benches of this Court vide orders dated 18.12.2024, 23.01.2025, 1.04.2025 and 28.02.2025 passed in Criminal Misc. Bail Application No.44524 of 2024, Criminal Misc. Bail Application No. 2460 of 2024, Criminal Misc. Bail Application No. 4113 of 2025 and Criminal Misc. Bail Application No. 6019 of 2025 respectively, copy of the orders have been produced before this Court which are taken on record. It is submitted that only distinguishing feature in the present matter

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is that the police has shown the recovery of an iron rod on the pointing out of the applicant but the same is planted recovery. It is further submitted that although the said iron rod has been sent for forensic science laboratory but till date examination report of the same has not been received. The said fact has been mentioned in paragraph nos. 19 and 20 of the affidavit. It is further submitted that the general and omnibus allegations have been levelled against the applicant and co-accused persons. It is submitted that the applicant has no criminal history as stated in para 35 of the affidavit and is in jail since 28.10.2024.

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Per contra , learned counsel for the State opposed the prayer for bail.

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After having heard learned counsel for the parties and perusing the record, it is evident that the four accused persons, namely, Smt. Rajkumari, Smt. Sapna, Smt. Puspa Devi, Pooja and Deepak have been granted bail by Co-ordinate Benches of this Court. The applicant has no criminal history. The report of forensic laboratory with regards to the alleged recovery is still awaited.

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Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

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Let the applicant- Ajay be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 B.N.S.S., 2023 may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 209 B.N.S., 2023.

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(v) 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 351 B.N.S.S., 2023. 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 and the trial court may proceed against him under Section 269 B.N.S., 2023.

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(vi) The trial court may make all possible efforts/endeavour and try

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to conclude the trial expeditiously after the release of the applicant.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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The bail application is allowed .

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Pending application (s), if any, shall stand disposed of.

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(Samit Gopal,J.)

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Order Date :- 5.4.2025 Manoj

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Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad

Ajay v. State of U.P.

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