Arpit Kumar Prajapati v. State of U.P

Learned counsel appearing on behalf of the applicant submitted that the applicant is innocent and has not committed offence as alleged in the FIR. He has been falsely implicated in this case due to ulterior motive. The applicant is in jail since 28.01.2025. Recovery of Rs. 5200/- cash and one country made pistol alleged to have been shown from the possession of the applicant. It is submitted the recovery was made without following the procedure prescribed under the law. There is no independent witness of the said recovery. Criminal history of 5 cases against the applicant has been explained in paragraph no. 24 of the paper book. After completion of investigation, charge sheet has been filed on 31.1.2025. Thereafter cognizance was taken by the competent court. It is further submitted that the co-accused Arpit Singh has already been granted bail by the co-ordinate Bench of this Court vide order dated 18.3.2025 passed in Criminal Misc. Bail Application No. 8916 of 2025.

It is also submitted that in view of the facts and circumstances of the case, it is prayed on behalf of the applicant that the applicant may be released on bail in the aforesaid crime. It is further undertaken that applicant shall abide by all terms and conditions as imposed by the Court.

Per contra, learned counsel appearing on behalf of the State in advance notice has vehemently opposed the instant bail application but could not dispute the aforesaid facts stated by learned counsel for the applicant during argument.

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

I have gone through the contents made in the application as well as the documents appended with the application and perused material available on record. It is admitted fact that the applicant is languishing in jail since 28.1.2025, charge sheet has been filed, cognizance has been taken, previous criminal history of the applicant has been explained, there is no independent witness of the alleged recovery, as well as the other co-accused person already been enlarged on bail by the co-ordinate Bench of this Court and further there is no chance of early conclusion of the trial.

Taking into consideration of the aforesaid reasons, without expressing any finding or opinion on merit of the case, I am inclined to grant bail to the applicant. The bail application is allowed.

Let the applicant - Arpit Kumar Prajapati, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- (Rs. 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. (i). The applicant shall not tamper with the evidence. (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.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 15.5.2025 S.K.S. (Chandra Dhari Singh,J). SUNIL KUMAR SINGH High Court of Judicature at Allahabad