Vijay Jain Vs State of U.P.

Neutral Citation No. - 2025:AHC:76720

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7887 of 2025

Applicant :- Vijay Jain Opposite Party :- State of U.P. Counsel for Applicant :- Amarnath Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Chandra Dhari Singh,J .

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The instant bail application under Section 483 of B.N.S.S. has been filed on behalf of applicant for seeking regular bail in Case Crime No. 237 of 2023, under Sections 386, 120-B, 419, 420, 406 I.P.C., Police Station - Sarnath, District - Varanasi.

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Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and he has not committed any offence as alleged in the F.I.R. It is further submitted that applicant was just a mediator between the complainant and co-accused Sangeeta Mishra. He has facilitated them to get marry but since co-accused Sangeeta did not want to stay with her husband, therefore she left her husband with police personnel i.e. Prashant Singh and Vinay Kumar Yadav. It is further submitted that co-accused Sangeeta Mishra and Prashant Singh have already enlarged on bail vide orders dated 11.07.2023 and 26.09.2023, respectively, passed by the co-ordiante Bench of this Court. It is further submitted that after completion of investigation, charge sheet has been filed on 12.02.2025 by the investigating officer and the court concerned has taken cognizance on 25.02.2025. It is also submitted that applicant is the man of clean antecedents and he has no previous criminal history. Applicant is languishing in jail since 10.01.2025.

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Taking into consideration the aforesaid facts, it is prayed on behalf of applicant that he may be released on bail in the aforesaid crime. It is further undertaken by learned counsel for the applicant that applicant shall abide by all terms and conditions as imposed by this Court.

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Per contra, learned AGA for the State has vehemently opposed the bail application of applicant, but could not contradicted the facts as stated by learned counsel for the applicant during

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arguments.

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Heard learned counsel appearing on behalf of applicant, learned AGA appearing on behalf of the State and perused the contents made in bail application and material available on record.

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It is admitted fact that after completion of investigation, charge sheet has been filed and the court concerned has taken cognizance; there is no previous criminal history against the applicant as well as there is no credible evidence available on record to connect the applicant with the alleged incident; applicant is languishing in jail since 10.01.2025, co-accused persons have already been enlarged on bail as stated above, there is no possibility of completion of trial in near future and there is no material brought by learned AGA to establish that if applicant may grant bail he will influence the trial or influence the witnesses.

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Taking into consideration all the entirety of the matter as discussed above, without expressing any finding or opinion on merits of the case, the applicant is releasing on bail. Accordingly, the bail application is allowed.

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Let the applicant - Vijay Jain, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- (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 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 B.N.S.S. 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.

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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 :- 12.5.2025 VS

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

Vijay Jain v. State of U.P.

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