High Court · 2025

2. Heard Sri Laloo Yadav, learned counsel for the applicants, Sri Devendra Nath Mishra, learned AGA for the State and perused the material on record.

3. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicants Deepak Solanki @ Shiva, Rahul@Rohit@Raju, seeking enlargement on bail during trial in connection with Case Crime No. 506 of 2024, under Section(s) 318(4), 316(2),317(20, 338, 336(3), 340(2), 111(1) B.N.S., registered at P.S.- Najibabad, District Bijnor.

4. A First Information Report of the matter was lodged on 10.10.2024 at about 13:43 Hrs against 03 unknown persons by Rakesh Kumar alleging therein that the said persons were involved in selling of fake items, allegedly showing it to be precious ornaments. A report be registered and action be taken.

5. Learned counsel for the applicants submitted that the applicants have been falsely implicated in the present case. It is submitted that the applicants are not named in the F.I.R. It is submitted that although the incident in the present matter is said to have taken place on 06.10.2024 but the F.I.R. has been lodged on 10.10.2024 which is after delay of 04 days for which there is no plausible explanation. It is submitted that there is no recovery of any incriminating material either from the possession or pointing out of the applicants. It is further submitted that the applicants are not members of any gang which indulges in any organized crime. It is submitted that co-accused Jamna Devi has been granted bail by a co-ordinate Bench of this Court vide order dated 31.1.2025 passed in Criminal Misc. Bail Application No.961 of 2025, copy of the said order is annexued no. 6 to the affidavit in support of this application. It is further submitted that the other co-accused Akash Mali and Shambhoo Rai have been granted bail by a co-ordinate Bench of this Court vide order dated 12.3.2025 passed in Criminal Misc. Bail Application No. 4156 of 2025, copy of the said order has been placed before the Court which is taken on record. It is submitted that the applicants have no other criminal antecedents as stated in para-15 of the affidavit and they are in jail since 29.10.2024.

6. Per contra, learned State counsel opposed the prayer for bail but could not dispute the arguments of learned counsel for the applicants as aforesaid.

7. After having heard learned counsels for the parties and perusing the record, it is evident that the applicants are not named in the F.I.R. Implication of the applicants has surfaced during investigation and co-accused, Jamna Devi, Akash Mali and Shambhoo Rai have been granted bail by a co-ordinate Bench of this Court. The applicants have no criminal history as stated in para-15 of the affidavit.

8. 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 and also the fact that said three co-accused have been granted bail by co- ordinate Bench of this Court, this Court is of the view that the applicants may be enlarged on bail. Let the applicants- Deepak Solanki

9. @ Shiva, Rahul@Rohit@Raju, be released on bail in the aforesaid case crime number on their 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:- i) The applicants will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicants 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. (iii) The applicants 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. (iv) The applicants will not misuse the liberty of bail in any manner whatsoever. In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under section 84 BNSS, 2023 may be issued and if applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under section 209 BNS, 2023. (v) The applicants 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 BNSS, 2023. If in the opinion of the trial court absence of the applicants 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 them in accordance with law and the trial court may proceed against them under Section 269 BNS, 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicants.

10. 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 applicants to prison.

11. The bail application is allowed.

12. Pending application(s), if any, shall stand disposed of. (Samit Gopal,J.) Order Date :- 7.4.2025 Naresh NARESH KUMAR High Court of Judicature at Allahabad

2. Heard Sri Laloo Yadav, learned counsel for the applicants, Sri Devendra Nath Mishra, learned AGA for the State and perused the material on record.

3. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicants Deepak Solanki @ Shiva, Rahul@Rohit@Raju, seeking enlargement on bail during trial in connection with Case Crime No. 506 of 2024, under Section(s) 318(4), 316(2),317(20, 338, 336(3), 340(2), 111(1) B.N.S., registered at P.S.- Najibabad, District Bijnor.

4. A First Information Report of the matter was lodged on 10.10.2024 at about 13:43 Hrs against 03 unknown persons by Rakesh Kumar alleging therein that the said persons were involved in selling of fake items, allegedly showing it to be precious ornaments. A report be registered and action be taken.

5. Learned counsel for the applicants submitted that the applicants have been falsely implicated in the present case. It is submitted that the applicants are not named in the F.I.R. It is submitted that although the incident in the present matter is said to have taken place on 06.10.2024 but the F.I.R. has been lodged on 10.10.2024 which is after delay of 04 days for which there is no plausible explanation. It is submitted that there is no recovery of any incriminating material either from the possession or pointing out of the applicants. It is further submitted that the applicants are not members of any gang which indulges in any organized crime. It is submitted that co-accused Jamna Devi has been granted bail by a co-ordinate Bench of this Court vide order dated 31.1.2025 passed in Criminal Misc. Bail Application No.961 of 2025, copy of the said order is annexued no. 6 to the affidavit in support of this application. It is further submitted that the other co-accused Akash Mali and Shambhoo Rai have been granted bail by a co-ordinate Bench of this Court vide order dated 12.3.2025 passed in Criminal Misc. Bail Application No. 4156 of 2025, copy of the said order has been placed before the Court which is taken on record. It is submitted that the applicants have no other criminal antecedents as stated in para-15 of the affidavit and they are in jail since 29.10.2024.

6. Per contra, learned State counsel opposed the prayer for bail but could not dispute the arguments of learned counsel for the applicants as aforesaid.

7. After having heard learned counsels for the parties and perusing the record, it is evident that the applicants are not named in the F.I.R. Implication of the applicants has surfaced during investigation and co-accused, Jamna Devi, Akash Mali and Shambhoo Rai have been granted bail by a co-ordinate Bench of this Court. The applicants have no criminal history as stated in para-15 of the affidavit.

8. 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 and also the fact that said three co-accused have been granted bail by co- ordinate Bench of this Court, this Court is of the view that the applicants may be enlarged on bail. Let the applicants- Deepak Solanki

9. @ Shiva, Rahul@Rohit@Raju, be released on bail in the aforesaid case crime number on their 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:- i) The applicants will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicants 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. (iii) The applicants 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. (iv) The applicants will not misuse the liberty of bail in any manner whatsoever. In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under section 84 BNSS, 2023 may be issued and if applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under section 209 BNS, 2023. (v) The applicants 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 BNSS, 2023. If in the opinion of the trial court absence of the applicants 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 them in accordance with law and the trial court may proceed against them under Section 269 BNS, 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicants.

10. 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 applicants to prison.

11. The bail application is allowed.

12. Pending application(s), if any, shall stand disposed of. (Samit Gopal,J.) Order Date :- 7.4.2025 Naresh NARESH KUMAR High Court of Judicature at Allahabad