Neutral Citation No. - 2025:AHC:20570 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45547 of 2024 Applicant :- Madan Yadav @ Gyan Prakash Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Avaneesh Kumar Upadhyay,Virat Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant and Sri S.S Pandey, learned A.G.A. for the State-opposite party. 2. The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 294 of 2024, under Sections 379, 411, 413, 414 I.P.C., Police Station Akbarpur, District Kanpur Dehat during the pendency of the trial. 3. Learned counsel for the applicant submits that the applicant was not named in the first information report. The applicant was arrested along with three others in Case Crime No. 356 of 2024, under Sections 35(1) B.N.S.S. and 317(2), 317(4), 317(5) B.N.S. and has been falsely implicated in the instant case. False recovery of a motorcycle has been shown from the applicant. There is no independent witness to the alleged recovery. Recovery of Rs.350/- has also been shown from the applicant. The said amount belongs to the applicant. The criminal history of the applicant has been explained in Paragraphs-16 and 17 of the affidavit. The applicant is in jail since 05.08.2024 and if he is released on bail, he will not misuse the said liberty. 4. Learned A.G.A. 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 named in the first information report and there is no independent witness to the alleged recovery. Moreover, the applicant has remained confined for almost six 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. 6. Let the applicant- Madan Yadav @ Gyan Prakash Singh, 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 :- 13.2.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad