Neutral Citation No. - 2025:AHC:80803 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40201 of 2024 Applicant :- Raj Maurya Opposite Party :- State of U.P. Counsel for Applicant :- Ankit Kumar Singh,Sanjay Srivastava Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant application has been filed under Section 483 of the BNSS, 2023 for seeking bail in Case Crime No. 83 of 2024 under sections 331(3), 305, 317(2) BNS, Police Station - Harbansh Mohal, District – Kanpur Nagar during pendency of the trial. 2. Learned counsel appearing on behalf of the applicant submitted that the applicant is innocent and has not committed offence as alleged in the FIR. He has been falsely implicated in this case due to ulterior motive. 3. It is submitted that the on the arrest by the police alongwith other co-accused and from the possession of the applicant gold ornaments and Rs. 1000/- alleged to have been recovered. It is submitted that the said recovery has been made without following the procedure prescribed under the law. There is no independent witness of the said recovery. The applicant is in jail since 03.09.2024. The applicant has no previous criminal history. He is a man of clean antecedents. He is a permanent resident of the address mentioned in the memo of application. Charge sheet has been filed on 25.1.2025 and cognizance has been taken by the competent court. 4. It is also submitted that in view of the facts and circumstances of the case, it is prayed on behalf of the applicant that the applicant may be released on bail in the aforesaid crime. It is further undertaken that applicant shall abide by all terms and conditions as imposed by the Court. 5. Per contra, learned counsel appearing on behalf of the State in advance notice has vehemently opposed the instant bail application but could not dispute the aforesaid facts as stated by the learned counsel for the applicant during arguments. 6. Heard learned counsel for the applicant, learned AGA for the State and perused the material available on record. 7. I have gone through the contents made in the application as well as the documents appended with the application and material available on record. It is admitted fact that the applicant is languishing in jail since 03.09.2024 i.e. more than 7 months, charge sheet has been filed, the applicant has no previous criminal history, he is a permanent resident of the address mentioned in the memo of application, there is no material brought on the record to establish that if the applicant is released on bail, he will influence the trial and breach the conditions of the bail and further there is no chance of early conclusion of the trial. 8.Taking into consideration of all the aforesaid reasons, without expressing any finding or opinion on merit of the case, I am inclined to grant bail to the applicant. The bail application is allowed. 9. Let the applicant - Raj Maurya, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- (Rs. 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 the 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 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 15.5.2025 S.K.S. (Chandra Dhari Singh,J.) Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad