Neutral Citation No. - 2025:AHC:20719 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46889 of 2024 Applicant :- Ram Kumar Patel Opposite Party :- State of U.P. Counsel for Applicant :- Akansha Verma,Deepak Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant and Sri Anupam Anand, learned brief holder for the State-opposite party. 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.355 of 2024, under Sections 309(6), 3(5), 351(2), 317(2) of B.N.S., Police Station Phaphamau, District Prayagraj, during the pendency of the trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The incident is alleged to have occurred on 23.11.2024. The first information report was lodged on 24.11.2024 and the alleged amount was recovered from a car on which the applicant along with three persons were travelling. It is contended that the recovery is false and planted. There is no independent witness to the recovery. The applicant was a passenger in the said vehicle. He has no concern with the alleged recovery or execution of the sale deed. At this stage, there is no substantive evidence to link the applicant with the offence. The applicant is in jail since 25.11.2024, having no criminal history and 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 submissions from the record. 5. Having heard counsel for the parties and having perused the record this Court prima facie finds that there is no independent witness to the recovery. At this stage, there is no substantive evidence to link the applicant with the offence. Further, the applicant has no criminal antecedents and has remained confined for more than two 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 Ram Kumar Patel, involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the 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. 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