Neutral Citation No. - 2025:AHC:23485 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44384 of 2024 Applicant :- Sanjai Jaiswal Opposite Party :- State of U.P. Counsel for Applicant :- Neeraj Shukla,Pranav Tiwary,Sr. Advocate Counsel for Opposite Party :- G.A.,Ram Shiromani Shukla,Vimal Kumar Pandey Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant, Sri Neeraj Kumar Sharma, learned A.G.A. for the State-opposite party, and Sri Yogesh Tiwari, learned counsel for the informant. 2. The instant bail application under Section 483 B.N.S.S. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 298 of 2024, under Sections 316(2), 318(4), 319(2), 338, 336(3), 340(2), 61(2) B.N.S., Police Station Machhalishahr, District Jaunpur during the pendency of the trial. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The informant is real brother of the applicant. The applicant was running a transport company in the name of SKPK Roadlines. The said company was shut down in the year 2013. Certain vehicles, which belonged to the informant, were engaged by the applicant for day to day affairs of the said company. Pursuant to mutual settlement between the applicant and the informant, the vehicles were sold. In this regard, reliance has been placed on the statement/ affidavit of one Pramod Netram Sharma, annexed as Annexure- SA-3 to the supplementary affidavit. It is next contended that the company was closed in the year 2013 and the first information report has been lodged in the year 2024. The delay in the facts of the present case is fatal to the prosecution case. The case is purely civil in nature. The charge- sheet has been filed. The criminal history of the applicant has been explained in Paragraph-56 of the affidavit. The applicant is in jail since 05.11.2024 and if he is released on bail, he will not misuse the said liberty. 4. Learned A.G.A. and learned counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that the first information report has been lodged belatedly. The case is purely civil in nature and at this stage there is no substantive evidence against the applicant to link with the offence. Moreover, the applicant has remained confined for almost three months and after submission of the charge-sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Sanjai Jaiswal, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (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 :- 17.2.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad