High Court
Case Details
Neutral Citation No. - 2025:AHC:79888 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43732 of 2024 Applicant :- Bansudev Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Kumar Chaturvedi Counsel for Opposite Party :- Aniruddh Azad,G.A. Hon'ble Chandra Dhari Singh,J. 1. None appeared on behalf of the complainant even in the revised call. 2. On previous occasion also, he has not appeared and then following order was passed.
Legal Reasoning
"1. Learned counsel appearing on behalf of informant is not present. 2. Learned counsel appearing on behalf of applicant has submitted that learned counsel for informant is intentionally avoiding the proceeding for the purpose of delaying the matter. He has further submitted that applicant is languishing in jail since 23.12.2024 and the matter may be heard in absence of learned counsel for complainant. 3. Taking into consideration the submissions made by learned counsel for applicant, in the interest of justice, the matter is adjourned. 4. In the interest of justice, the matter is adjourned. 5. List this case on 14.05.2025, among top ten cases. 6. It is made clear that if, learned counsel for informant will not appear on the next date of listing, the matter will proceed ex parte with the assistance of learned AGA for the State."
Decision
3. In view of the above, the Court is left with no option but to proceed in the matter with the assistance of learned A.G.A. 4. The instant bail application under Section 483 of B.N.S.S. has been filed on behalf of applicant for bail in Case Crime No.476 of 2024, under Sections 127 (2), 309 (6), 351 (3), 352, 317 (2), 3 (5), 61 (2) of B.N.S., Police Station - Cantt., District - Gorakhur. 5. Learned counsel appearing on behalf of the applicant has submitted that applicant is innocent person and has not committed any offence as alleged in the F.I.R. It is further submitted that applicant was has been falsely implicated in the instant case due to ulterior motive. The incident is alleged to have occurred on 15.08.2024 whereas the F.I.R. was lodged on 21.08.2024 with delay of about six days' without there being any explanation for the same. Applicant was not named in the F.I.R. and his name came into light on the arrest made by police on information received by his informer. On the arrest of applicant, police has shown recovery of Rs. 9,510/- and one mobile phone from possession of applicant. Recovery which has been shown by the investigating agency, is disputed by applicant as the police has not followed the procedure as prescribed under the law. There are no independent witness of the said recovery. It is also submitted that there is no credible evidence to link the applicant with the offence in question. It is further submitted that though prior to the instant case, applicant has a criminal history of one case but on his arrest, police has falsely implicated in four other cases. It is further submitted that criminal history of the applicant has been explained in paragraphs-23 and 23 of the paper book. It is further submitted that after completion of investigation, charge sheet has been filed on 18.10.2024 by the investigating officer and the court concerned has taken cognizance on 30.10.2024. It is further submitted that co-accused, Angad Kumar has been enlarged on bail by Co- ordinate Bench of this Court vide order dated 11.11.2024 passed in Criminal Misc. Bail Application No. 37637 of 2024. Applicant is languishing in jail since 22.08.2024. 6. Taking into consideration the aforesaid facts, it is prayed by learned counsel appearing on behalf of applicant that applicant may be released on bail in the aforesaid crime. It is undertaken by learned counsel for the applicant that applicant shall abide by all terms and conditions as imposed by this Court. 7. Per contra, learned AGA vehemently opposed the bail application of applicant, but he has not contradicted the facts as stated by learned counsel for the applicant during arguments. 8. Heard learned counsel appearing on behalf of applicant, learned AGA appearing on behalf of the State, perused the contents made in bail application and material available on record. 9. I have gone through the contents made in the bail application as well as the documents appended with the bail application and perused the affidavit. It is admitted fact that after completion of investigation, charge sheet has been filed and the court concerned has also taken cognizance; the criminal history of five cases has already been explained; other co-accused person has already been enlarged on bail; applicant is languishing in jail about nine months, 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 would be enlarged on bail he will influence the trial or the witnesses. 10. 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. 11. Let the applicant - Bansudav Sharma, 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. (i) The applicant shall not tamper with 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 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. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. (Chandra Dhari Singh, J.) Order Date :- 14.5.2025 Shiraz Digitally signed by :- SHIRAZ ALI High Court of Judicature at Allahabad