Neutral Citation No. - 2025:AHC:80851 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2204 of 2025 Applicant :- Tushar Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Kumar Singh Counsel for Opposite Party :- Ajay Kumar,G.A. Hon'ble Chandra Dhari Singh,J. 1 None appeared on behalf of the complainant, however on the earlier occasion order was passed making it clear that if on the next date of listing, counsel for the informant will not appear, the Court will proceed ex parte with the assistance of learned AGA. Therefore, the Court has left no option but to proceed in the matter ex parte. 2. The instant application has been filed under Section 483 of the BNSS, 2023 for seeking bail in Case Crime No. 186 of 2024 under sections 191 (2), 115(2), 351(2), 352, 333 & 109 of BNS, Police Station - Kapoorpur, District – Hapur during pendency of the trial. 3. 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 05.12.2024. The applicant has one previous criminal history, which has been explained in paragraph no. 30 of the paper book. No specific role was assigned to the applicant. Injuries sustained by the injured are simple in nature. It is submitted that co-accused Rohit has already been granted bail by the co-ordinate Bench of this Court vide order dated 14.2.2025 passed in Criminal Misc. Bail Application No. 937 of 2025. There is dim chance of completion of trial in near future. 4. 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. 5. 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 as stated by the learned counsel for the applicant. 6. Heard learned counsel for the applicant, learned AGA for the State and perused the material available on record. 7. I have gone through the contents made in the application as well as the documents appended with the application and the material available on record. It is admitted fact that the applicant is languishing in jail since 5.12.2024 i.e. more than 5 months, criminal history has been explained by the applicant, no role has been assigned to the applicant, the other co-accused Rohit has 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. 8.Taking into consideration of 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. 9. Let the applicant - Tushar, 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. 10. 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.) Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad