Neutral Citation No. - 2025:AHC:86544 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41260 of 2024 Applicant :- Shiva Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Kumar 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. 557 of 2024, under Sections 324(2), 309(4), 317(2) of B.N.S., Police Station - Gagaha District - Gorakhpur. 2. Learned counsel appearing on behalf of the applicant has submitted that applicant is innocent person and has not committed any offence as alleged in the F.I.R. It is further submitted that applicant has been falsely implicated in the instant case due to ulterior motive. It is further submitted that one motorcycle has been recovered from possession of applicant which has been shown by the investigating agency, is disputed by applicant as the police has not followed the procedure as prescribed under the law. There are no eye-witness of the said recovery. It is also submitted that criminal history of one case has been explained in paragraph no. 19 of the paper book. Applicant is languishing in jail since 09.10.2024. 3. Taking into consideration the aforesaid facts, it is prayed by learned counsel appearing on behalf of applicant that applicant may be released on bail in the aforesaid crime. It is 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 submits that he has no instruction regarding filing of charge-sheet, but he has not contradicted the fact that applicant has criminal history of only one case. 5. Heard Sri Rajeev Kumar Singh, learned counsel appearing on behalf of applicant, Sri Om Prakash Mishra, learned AGA appearing on behalf of the State, perused the contents made in bail application and material available on record. 6. I have gone through the contents made in the bail application as well as the documents appended with the bail application and perused the affidavit; there is no credible evidence to connect the applicant with this case; criminal history of one case has already been explained; applicant is languishing in jail more than seven months, there is no possibility of completion of trial in near future and there is no material brought by learned AGA to establish that if applicant would be enlarged on bail he will influence the trial or the witnesses. 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 - Shiva Yadav, 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. Order Date :- 21.5.2025 VS (Chandra Dhari Singh,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad