Neutral Citation No. - 2025:AHC:22518 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44494 of 2024 Applicant :- Faiz Alias Aatank Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Sharma Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant and Sri V.P. Tripathi, learned AGA for the State-respondent, and perused the record. 2. The instant bail application under Section 483 BNSS has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 356 of 2024, under Sections 309(4) BNS, Police Station Bilsi, District Budaun, during the pendency of trial. 3. Learned counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the instant case. The name of the applicant was disclosed by the co-accused Quamar Khan and Sahib in police custody. The said statements insofar as they implicate the applicant are unreliable. No recovery of any incriminating article has been made from the applicant. No test identification parade was got conducted by the police authorities. The applicant is in jail since 20.09.2024 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 the applicant was not named in the first information report. The name of the applicant was disclosed by co-accused Quamar Khan and Sahib in police custody. At present there is no substantive evidence against the applicant. The applicant has remained confined for almost five 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 applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. 6. Let the applicant- Faiz alias Aatank, 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 the 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; (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