Neutral Citation No. - 2025:AHC:29776 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47235 of 2024 Applicant :- Rakesh Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Gupta,Devendra Kumar Tiwari,Ramesh Chandra Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Third supplementary affidavit filed by the counsel for the applicant, is taken on record. 2. Heard learned counsel for the applicant, Sri Rupak Chaubey, learned AGA for the State-respondent and perused the record. 3. The instant bail application under Section 483 BNSS has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 365 of 2024, under Sections 331(4), 305, 317(2) BNS, Police Station Jagdishpura, District Agra during the pendency of trial. 4. Counsel for the applicant submits that the applicant was not named in the first information report. The applicant was arrested along with three other co-accused in Case Crime No. 264 of 2024, under Section 317 BNS, Police Station Malpura, District Agra and has been falsely implicated in the instant case. False recovery of Rs. 125/- has been shown from the personal possession of the applicant. Recovery of copper wire has also been shown from the joint possession of the applicant and other co-accused persons. The said recovery is false and planted. There is no independent witness to the alleged recovery. The criminal history of the applicant has been explained in para 3 of the second supplementary affidavit. The applicant is in jail since 18.07.2024 and in case he is enlarged on bail, he will not misuse the said liberty. 5. Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having heard counsel for the parties and having perused the record, this Court prima facie finds that the applicant was not named in the first information report. The applicant was arrested along with three other co-accused persons in Case Crime No. 264 of 2024. There is no independent witness to the alleged recovery. The applicant has remained confined for more than seven months 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 the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 7. Let the applicant Rakesh, 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 the 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; (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 :- 3.3.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad