Neutral Citation No. - 2025:AHC:11519 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2278 of 2025 Applicant :- Sanjay Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Subhash Chandra Yadav Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant and Sri V.P. Tripathi, learned AGA for the State. 2. The instant bail application, under Section 483 B.N.S.S., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 654 of 2024, under Sections 303(2), 317(4), 317(5), 338, 336(3), 340(2), 317(2), 112(2) of B.N.S., Police Station- Kotwali, District- Azamgarh, during pendency of the trial. 3. Counsel for the applicant contends that the applicant was not arrested at the spot. The name of the applicant was disclosed by the co-accused, Awadesh Chauhan in Police custody. The said statement, insofar as, it implicates the applicant is unreliable. False recovery of spare parts of motorcycles has been shown from the shop of the applicant. There is no independent witness to the alleged recovery. Prior to the instant case the applicant does not have any criminal history, however after his arrest he has been implicated in Case Crime No. 236 of 2003 under Sections 379, 411 I.P.C., Police Station- Mubarakpur, District-Azamgarh. In the said case, the applicant has been released on bail. The applicant is in jail since 10.12.2024. In case he is enlarged on bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid facts from the record. 5. Having heard learned counsel for the parties and having perused the record this Court prima facie finds that the applicant was not arrested at the spot. The name of the applicant was disclosed by the co-accused, Awadesh Chauhan in Police custody. There is no independent witness to the alleged recovery. At this stage, there is no substantive evidence against the applicant. Further, the applicant has remained confined for more than one month and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant, Sanjay Gupta involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not temper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; and, iii. the applicant shall appear on each and every date fixed by the trial court. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 23.1.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad