Bail granted based on duration of custody, claimed false implication, and charge sheet submission.

CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER

4 02-02-2026 Heard Mr. Birendra Kumar, learned counsel for the petitioner and Ms. Renu Kumari, learned APP for the State.

2. The petitioner seeks bail in connection with Bairgania P.S. Case No. 143 of 2023 instituted for the offence under Sections 386 & 387 of the Indian Penal Code .

3. As per prosecution case, two unknown miscreants came at the Kirana shop of the informant and, on the point of pistol, they tried to extort money from him but, on hearing the sound of police vehicle, the miscreants fled away from there.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.03.2025. Petitioner bears five criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5. It has been further submitted by the petitioner’s counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of co- accused, namely, Dhiraj Kumar. There is delay of four days in lodging the FIR. Petitioner was not put on T.I.P. Charge sheet has already been submitted in this case. Other co-accused has been granted bail by this Court vide order dated 05.10.2024, passed in Cr. Misc. No. 71127 of 2024.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, claim based on parity and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bairgania P.S. Case No. 143 of 2023, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J)