Neutral Citation No. - 2025:AHC:20725 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46046 of 2024 Applicant :- Ali Waris Opposite Party :- State of U.P. Counsel for Applicant :- Prateeyush Kumar Pathak,Rafat Raza Khan 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-opposite party and perused the record. 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.328 of 2024, under Sections 305, 331(4) of B.N.S., Police Station Thakurdwara, District Moradabad during the pendency of the trial. 3. 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, Furkan in Police custody. The said statement insofar as it implicates the applicant is unreliable. No recovery of any incriminating article has been made from the applicant. It is next contended that the co-accused Furkan has been granted bail by this Court vide order dated 06.11.2024 passed in Criminal Misc. Bail Application No. 37577 of 2024. The case of the applicant is on better footing than that of the co-accused, Furkan. The criminal history of the applicant is explained in para no. 15 of the bail application. The applicant is in jail since 16.09.2024, in case he is released 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 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. The name of the applicant was disclosed by the co-accused, Furkan in Police custody. The co- accused Furkan has been granted bail by this Court. Moreover, 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, 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- Ali Waris, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two heavy 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; (iii) shall not pressurize the prosecution witnesses; and, (iv) shall appear on the first Sunday of every month at the Police Station concerned. 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