Neutral Citation No. - 2025:AHC:30776 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46988 of 2024 Applicant :- Jitendra Kumar Patel And Another Opposite Party :- State of U.P. Counsel for Applicant :- Lakshman Tripathi,Sumit Kumar Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicants, Sri V.P.Tripathi, learned AGA for the State-respondent and perused the record. 2. The instant bail application under Section 439 Cr.P.C. has been filed with a prayer to enlarge the applicants on bail in Case Crime No. 547 of 2022, under Sections 419, 420, 467, 468, 471 IPC, Police Station Cantt., District Varanasi during the pendency of trial. 3. Counsel for the applicants submits that the applicants were not named in the first information report and have been falsely implicated in the instant case. At the time of furnishing sureties the applicants were in jail. The applicants have not furnished any forged document. It is next contended that identically placed co- accused Smt. Shila Devi and Raj Kumari have been granted bail by this Court vide order dated 09.11.2023 passed in Criminal Misc. Bail Application No. 48386 of 2023. The criminal history of the applicants has been explained in para 2 of the supplementary affidavit. The applicants are in jail since 09.11.2024 and in case they are enlarged on bail, they 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 applicants were not named in the first information report. At the time of furnishing sureties, the applicants were in jail. Identically placed co-accused Smt. Shila Devi and Raj Kumari have been granted bail by this Court. The applicants have remained confined for almost four months and 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 applicants, 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 applicants are entitled to be enlarged on bail. 6. Let the applicants Jitendra Kumar Patel and Dharmendra Patel, involved in the aforesaid case be released on bail on their furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that they: (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 :- 4.3.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad