Allahabad High Court
Brijesh vs State Of U.P. on 30 June, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:100647
Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20056 of 2025
Applicant :- Brijesh
Opposite Party :- State of U.P.
Counsel for Applicant :- Kuldip Singh Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard learned counsel for the applicant and learned A.G.A for the State.
Learned counsel for the applicant submits that the first information report has been lodged against 7 named accused including the applicant and 30-40 unknown accused regarding commission of offence of theft of wood from the reserved forest. The first information report has been lodged by the officials of forest department alleging that an attempt was made on their life by the applicant and other co-accused. Employees of forest department have suffered injuries, which are said to be simple in nature and on non-vital parts of their body. It is further submitted that the applicant has been falsely implicated in this case alongwith other co-accused. The applicant is in jail since 15.02.2025 and has criminal history of four cases to his credit, which have been explained in paragraph-29 of the bail application.
On the other hand learned A.G.A has opposed the prayer for bail. He submits that applicant has committed of several offences and criminal cases are pending.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties noted above, finding force in the submissions made by the learned counsel for the applicant, larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and recent judgment dated 11.07.2022 of the Apex Court in the case of Manish Sisodia vs. Directorate of Enforcement, 2024 LawSuit (SC) 677 and considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant- Brijesh involved in Case Crime No.24 of 2025, under Sections- 191 (2) , 191 (3), 190, 115 (2), 126 (2), 121 (1), 132, 109, 310 (2), 3 (5), 118 (1), 317(3), 121 (2) B.N.S. and Section 26 of Forest Act, Police Station- Naseerpur, District- Firozabad, be released on bail on his furnishing a personal bond 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 or threaten the witnesses.
(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) In case the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the 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 14-A of the Indian Penal Code.
(v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. 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.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 30.6.2025
P. Pandey
