Neutral Citation No. - 2025:AHC:22570 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44512 of 2024 Applicant :- Abhishek Opposite Party :- State of U.P. Counsel for Applicant :- Surendra Narayan Mishra Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant and Sri Nagendra Kumar Mishra, learned Brief Holder for the State-opposite party. 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. 365 of 2024, under Sections 310(2), 317(3) B.N.S., Police Station Rampur Maniharan, District Saharanpur during the pendency of the trial. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case owing to certain other dispute between the parties. The applicant was not arrested at the spot. The alleged car was recovered from the possession of co- accused Banti and Manish. Recovery of two mobile phones has also been shown from the applicant. The mobile phone of Realme company belongs to the applicant, whereas the alleged recovery of another mobile phone is false and planted. There is no independent witness to the alleged recovery. Co-accused Manish has been granted bail by this Court vide order dated 09.12.2024 passed in Criminal Misc. Bail Application No. 41062 of 2024, Manish v. State of U.P. and another. The applicant claims parity. The applicant is in jail since 29.09.2024 having no criminal history and if he is released on bail, he will not misuse the said liberty. 4. Learned Brief Holder for the State has 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 applicant was not arrested at the spot. There is no independent witness to the alleged recovery. Co-accused Manish has been granted bail by this Court. The applicant has no criminal antecedents. Moreover, the applicant has remained confined for almost four 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- Abhishek, 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