Neutral Citation No. - 2025:AHC:72924 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41310 of 2024 Applicant :- Anmol@ Monu Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Kumar Sharma,Sandeep Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. Instant application filed under Section 483 of B.N.S.S seeking bail in Case Crime No. 284 of 2024, under Sections 127 (2), 204, 309 (4), 351 (2), 317 (2) of B.N.S., Police Station Khekra, District Baghpat. 2. Learned counsel appearing for the applicant submitted that applicant is innocent and he has not committed any offence as alleged in the first information report. Learned counsel further submitted that F.I.R. was lodged against unknown person. On the arrest of co-accused Sateesh, the name of applicant was disclosed in his confessional statement. It is also submitted that 85 gas cylinders have been recovered from the possession of co-accused Sateesh It is further submitted that 11 cylinders are alleged to have been recovered from the possession of applicant. It is further submitted that alleged recovery shown from the possession of applicant are false and the same has been made without following the procedure prescribed under law. There is no independent witness of alleged recovery. It is further submitted that applicant has no previous criminal history and one case was levelled against him after his arrest in the present case in which he has already been enlarged on bail. It is further submitted that after completion of investigation charge sheet has been filed. Court concerned has taken cognizance and trial has been commenced. It is also submitted that deposition of PW1/informant has already been conducted by the trial Court, which is appended as Annexure No. 1 in 2nd supplementary affidavit and in which PW1/informant has refused to identify the applicant. Learned counsel further submitted that since there are no credible evidence on record to link the applicant in the instant case and there are very dim chance of conviction, applicant may be enlarged on bail. Learned counsel appearing on behalf of applicant also undertaken that he will abide by all terms and conditions as imposed by this Court while granting bail. 3. Per contra, learned A.G.A. appearing on behalf of State vehemently opposed the instant bail application but he has not contradicted the facts as stated above by learned counsel for the applicant. 4. Heard learned counsel for the applicant as well as learned A.G.A. appearing on behalf of the State in advance notice and perused the contents made in the first information report as well as material placed on record. 5. It is admitted fact that trial has already commenced and PW1 i.e. informant in his deposition has refused to identify the applicant. Applicant is languishing in jail since 16.09.2024. Recovery of cylinders are disputed by the defence counsel. No material brought on record by the learned A.G.A. that applicant will not co-operate in trial and he may influence the witnesses. It is also undertaken on behalf of applicant that he will abide by all terms and conditions as imposed by this Court while granting bail. 6. Taking into consideration all entirety of the matter as discussed above, evidence and material on record, nature of offence and other reasons stated above, without expressing any opinion on the merits of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 7. Let the applicant- Anmol @ Monu, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- 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. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 6.5.2025 AKT (Chandra Dhari Singh,J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad