Neutral Citation No. - 2025:AHC:6307 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45433 of 2024 Applicant :- Akash Pratap Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Dubey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ajay Dubey, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 312 of 2024, under Sections 318(4), 111 B.N.S., Section 3/7 of Essential Commodities Act and 29(1)(C) of The Insecticides Act, Police Station Achnera, District Agra during pendency of the trial. 3. FIR of the present case was lodged against applicant and three others and according to the FIR co-accused Harsh Gautam was arrested and from his possession illegal fertilizers were recovered and he informed the police that the alleged recovered fertilizers were handed over to him by the applicant and thereafter on the basis of disclosure statement of co-accused Harsh Gautam, applicant and two others were also made accused. 4. Learned counsel for the applicant submitted that admittedly through the statement of co-accused Harsh Gautam, applicant has been made accused in the present matter and he was neither arrested at spot nor any recovery was made from his possession. 5. He further submits, except the bald allegation that applicant involved in commission of organized crime, there is no cogent evidence against him in this regard on record. 6. He further submits, even co-accused Mukesh Goswami, the driver of the vehicle, has been released on bail by the court concerned itself. 7. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 07.11.2024. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. Considering the fact that applicant was neither arrested at spot nor any recovery was made from his possession and it appears, he was made accused through the statement of co-accused Harsh Gautam and he is not having any criminal history and in the present matter he is in jail since 07.11.2024, in my view, applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant - Akash Pratap Singh be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 13. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 14. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 15.1.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad