Neutral Citation No. - 2025:AHC:33827 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36968 of 2024 Applicant :- Ashish Awasthi Opposite Party :- State of U.P. Counsel for Applicant :- Sudhir Mehrotra,Suyash Mehrotra,Vishal Sunder Saurabh Sharma Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the applicant and, Sri Nagendra Mishra, learned A.G.A. for the State-opposite party. 3. The instant bail application under Section 483 B.N.S.S. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 602 of 2024, under Sections 309(4), 352, 61(2) B.N.S., Police Station Bisrakh, District Gautam Budh Nagar during the pendency of the trial. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. On the basis of the complaint made by one Rupesh Tomar, the Assistant Commissioner of Police, Second, Central Noida, Bisrakh conducted an enquiry and thereafter the first information report was lodged against the applicant and four others. It is contended that in the CCTV footage the applicant was not seen. The applicant has been implicated only on the basis of CDR report. It is next contended that CDR report cannot be the basis of the implication of the applicant in the absence of other supporting material. The applicant was not present at the spot. No test identification parade was conducted by the police authorities. The lady passenger, who had booked the cab, was also not examined by the police authorities. Co-accused Priyanshu Awasthi @ Prince has been granted bail by this Court vide order dated 5.2.2025 in Crl. Msc. Bail Application 37289 of 2024. The applicant has a criminal history of one case i.e. Case Crime No. 473 of 2020 under Sections 323, 506 IPC, Police Station Badalpur, District Gautam Budh Nagarh and in this case after investigation the police submitted final report in favour of the applicant. The applicant is in jail since 12.08.2024 and if he is released on bail, he will not misuse the said liberty. 5. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that the applicant was not identified on the basis of CCTV footage. No test identification parade was got conducted by the police authorities. The lady passenger, who had booked the cab, was also not examined by the police authorities. At this stage there is no substantive evidence to connect the applicant with the offence. Co-accused Priyanshu Awasthi @ Prince has been granted bail by this Court vide order dated 5.2.2025 in Crl. Msc. Bail Application 37289 of 2024. The applicant has no criminal antecedents. Moreover, the applicant has remained confined for almost five and half months and after submission of the charge-sheet there is no hope of early conclusion of trial, and 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, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 7. Let the applicant- Ashish Awasthi, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 8. 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 :- 6.3.2025 Kumar Manish Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad