Neutral Citation No. - 2025:AHC:20604 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45956 of 2024 Applicant :- Mo Amzad Alias Mo Sarik Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Wasiq,Utkarsh Yogi Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant, Sri Anupam Anand, learned brief holder for the State and perused the record. 2. The instant bail application, under Section 483 B.N.S.S., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 86 of 2024, under Sections 331(4), 305, 317(2) B.N.S., Police Station- Khuldabad, District- Prayagraj during pendency of the trial. 3. Counsel for the applicant contends that the applicant was not named in the first information report. The applicant was arrested on 13.10.2024 and has been falsely implicated in the instant case. Recovery of Indian currency of Rs. 3,200 and a mobile phone has been shown from the applicant. The said currency and a mobile phone belong to the applicant. No recovery of any incriminating article has been made from the applicant. At this stage, except the confessional statement of the applicant in Police custody, there is no credible evidence to link the applicant with the offence. The applicant is in jail since 14.10.2024, having no criminal history. In case he is enlarged on bail, he will not misuse the said liberty. 4. Learned brief holder has opposed the prayer for bail but could not satisfactorily dispute the aforesaid facts from the record. 5. Having heard learned 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. At this stage, except the confessional statement of the applicant in Police custody, there is no credible evidence to link the applicant with the offence. Further, the applicant has no criminal antecedents and has remained confined for almost four 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 merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. 6. Let the applicant, Mo Amzad Alias Mo Sarik involved in the aforesaid case be released on bail on his furnishing a personal bond and two heavy sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not temper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; and, iii. the applicant shall appear on each and every date fixed by the trial court. 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 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad