Neutral Citation No. - 2025:AHC:65756 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40307 of 2024 Applicant :- Sandeep Kumar Rajbhar Opposite Party :- State of U.P. Counsel for Applicant :- Lal Behari Yadav 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 for bail in Case Crime No.0463 of 2024, under Sections 318(4), 308(6), 317(2) of B.N.S., Police Station - Ghosi, District - Mau. 2. Learned counsel appearing on behalf of applicant has submitted that the applicant was not named in the F.I.R., he has been falsely implicated in the instant case due to ulterior motive. It is further submitted that applicant has been implicated in the said case only for the reason that his mobile phone was used for demanding the money, but he has not called any one from his mobile phone. He has further submitted that police has made recovery of Rs.30,000/- and one mobile phone, but the said recovery is disputed on the ground that police has made recovery without following the procedure prescribed under the law. There are no independent witness of the said recovery. It is also submitted that after investigation charge sheet has been filed and cognizance has been taken by the competent court. It is also submitted that there are no previous criminal history of the applicant. It is further submitted that co-accused, Sandeep Rajbhar and Kamlesh Rajbhar have been enlarged on bail by Co-ordinate Bench of this Court vide orders dated 27.11.2024 and 21.01.2025, respectively. Applicant is languishing in jail since 07.10.2024. 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 for the applicant as well as learned AGA for the State and perused the record. 6. It is admitted fact that the applicant is not named in the F.I.R.; name of applicant has not been disclosed by any co-accused in his confessional statement but his name came into picture when police had chased the mobile number from which the phone call was made; recovery from possession of the applicant is disputed on the ground that there are no independent witness of the said recovery; applicant is the man of clean antecedent; charge sheet has been filed and cognizance has been taken; there is no previous criminal history of applicant; there is no material on record to show that the applicant will not cooperate in the trial or will influence the witness; applicant is languishing in jail for more than eight months and there is no possibility of completion of trial in near future. 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 - Sandeep Kumar Rajbhar, 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 :- 28.4.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad