Neutral Citation No. - 2025:AHC:69132 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37609 of 2024 Applicant :- Sunny Opposite Party :- State of U.P. Counsel for Applicant :- Kamlesh Singh Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application under Section 483 of B.N.S.S. has been filed on behalf of applicant for bail in Case Crime No.282 of 2024, under Sections 310(2), 317(3) of B.N.S., Police Station - Malpura, District - Agra. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and he has not committed any offence as alleged in the F.I.R. It is further submitted that applicant was not named in the F.I.R. and he has been falsely implicated in the instant case due to ulterior motive. Name of applicant has been disclosed on the arrest of other co- accused. It is further submitted that on the arrest, police shown the recovery of one Motorcycle and Rs.2,300/- Cash. It is also submitted that the said recovery memo was prepared by the police without following the procedure prescribed under the law and there is no independent witness of the said recovery. It is also submitted that applicant is the man of clean antecedents and he has no previous criminal history. It is further submitted that identically placed co-accused, Govind Mishra has already been granted bail by this Court vide order dated 17.02.2025 passed in Criminal Misc. Bail Application No.44553 of 2024. Applicant is languishing in jail since 06.08.2024. 3. Taking into consideration the aforesaid facts, it is prayed on behalf of applicant that he may be released on bail in the aforesaid crime. It is further undertaken by learned counsel for the applicant that applicant shall abide by all terms and conditions as imposed by this Court. 4. Per contra, learned AGA vehemently opposed the bail application of applicant, but he has not contradicted the facts as stated by learned counsel for the applicant during arguments. 5. Heard learned counsel appearing on behalf of applicant, learned AGA appearing on behalf of the State, perused the contents made in bail application and material available on record. 6. It is admitted fact that applicant was not named in the F.I.R.; name of applicant has been disclosed on the arrest of other co- accused; recovery shown by the police is without following the procedure prescribed under the law and there is no independent witness of the said recovery; applicant is the man of clean antecedents and he has no previous criminal history; co-accused, Govind Mishra has already been granted bail by this Court; applicant is languishing in jail since 06.08.2024; there is no possibility of completion of trial in near future and the undertaking given by learned counsel for applicant that applicant shall abide by all terms and conditions as imposed by this Court. 7. Taking into consideration all the entirety of the matter as discussed above, without expressing any finding or opinion on merits of the case, the applicant is releasing on bail. Accordingly, the bail application is allowed. 8. Let the applicant - Sunny, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- (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 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 B.N.S.S. 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. . (Chandra Dhari Singh, J.) Order Date :- 1.5.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad