Neutral Citation No. - 2025:AHC:10048 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39491 of 2024 Applicant :- Sonu Opposite Party :- State Of U.P. Through Principle Secretary (Home), Govt. Of U.P Counsel for Applicant :- Hari Om Shukla,Kamlendra Tripathi,Mohd Qasim Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant and Sri Nagendra Kumar Mishra, learned Brief Holder for the State-opposite party. 2. 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. 524 of 2024, under Sections 127(2), 308(5), 308(6), 309(4), 317(2) B.N.S., Police Station Kotwali Dehat, District Bulandshahr during the pendency of the trial. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The incident is alleged to have occurred on 20.08.2024 and the first information report was lodged on 31.08.2024. The delay is fatal to the prosecution case. The applicant was arrested soon after lodging of the first information report along with four other persons. False recovery of the mobile phone has been shown from the possession of the applicant. No amount was credited in the account of the applicant. The applicant is not a beneficiary of the illicit transaction. Recovery of Rs.3,49,800/- has been shown from the joint possession of the applicant and other accused persons. The said recovery is false and planted. Even otherwise, there is no independent witness to the alleged recovery. A vague and general role has been assigned to the applicant. The alleged mobile phone, from which call was made to the applicant, does not belong to the applicant. At this stage there is no credible evidence to link the applicant with the offence. It is next contended that co-accused Akash has been granted bail by this Court in Criminal Misc. Bail Application No. 39667 of 2024, Akash v. State of U.P., vide order dated 03.01.2025. The applicant claims parity. The criminal history of the applicant has been explained in Paragraph-3 of the supplementary affidavit. The applicant is in jail since 31.08.2024 and if he is released on bail, he will not misuse the said liberty. 4. Learned Brief Holder has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that there is no independent witness to the alleged recovery. A vague and general role has been assigned to the applicant. The alleged mobile phone, from which call was made to the applicant, does not belong to the applicant. At this stage there is no substantive evidence to link the applicant with the offence. Co-accused Akash has been granted bail by this Court. Moreover, the applicant has remained confined for more than four 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. 6. Let the applicant- Sonu, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two heavy 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. 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 :- 21.1.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad