Neutral Citation No. - 2025:AHC:25347 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43080 of 2024 Applicant :- Aakib And Another Opposite Party :- State of U.P. Counsel for Applicant :- Mehendra Kumar Singh,Pankaj Srivastava,Rizwan Allah Siddiqui,Sanjeet Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard Sri Rizwan Allah Siddiqui, counsel for the applicants and Sri Neeraj Kumar Sharma, learned AGA for the State-opposite party. Perused the record. 2. The instant bail application under Section 483 of B.N.S.S. has been filed with the prayer to enlarge the applicants on bail in Case Crime No. 461 of 2024, under Sections 274, 275 and 318(4) B.N.S., Police Station Gangoh, District Saharanpur, during the pendency of the trial. 3. Counsel for the applicants submits that the applicants have been falsely implicated in the present case. False recovery of adulterated food items has been shown from the house of the applicants. There is no independent witness to the alleged recovery. There is no F.S.L. report to establish that the items seized were adulterated, noxious or were unfit for human consumption. It is contended that for the said offences the maximum period of punishment provided is seven years. The applicants are in jail since 15.10.2024, having no criminal history and in case, he is enlarged on bail, he will not misuse the said liberty. 4. Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record this Court prima facie finds that there is no independent witness to the alleged recovery. There is no F.S.L. report to establish that the items seized were adulterated, noxious or were unfit for human consumption. For the said offences the maximum period of punishment provided is seven years. Further, the applicants have no criminal antecedents and have remained confined for more than four months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicants, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on bail. 6. 6. Let the applicants Aakib and Rakib, involved in the aforesaid case crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that they : (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; (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 :- 20.2.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad