Neutral Citation No. - 2025:AHC:30244 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47067 of 2024 Applicant :- Devendra Alias Dev Kushwaha Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Kumar Singh,Nand Kishor Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State-Respondent and perused the record. 2. The instant bail application under Section 483 of B.N.S.S. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 180 of 2024, under Sections 309(4), 317(2), 3(5) of B.N.S. and Section 9(1)(A)/25/2 of Arms Act, Police Station Muskara, District Hamirpur, during the pendency of the trial. 3. Counsel for the applicant submits that the applicant was not named in the first information report. On the basis of an information furnished by an informer, the applicant was arrested along with other persons after three months of the alleged incident and has been falsely implicated in the present case. No recovery of any incriminating article has been made from the applicant. The applicant is in jail since 24.11.2024 having no criminal history and in case, he is enlarged on bail, he will not misuse the said liberty. It is further submitted that on the similar footing the co-accused Kapil Alias Baba has been granted bail by this Court vide order dated 13.02.2025 passed in Criminal Misc. Bail Application No. 46980 of 2024, therefore, applicant is also entitled to be released on bail. 4. Learned AGA could not oppose the prayer for bail and 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 applicant was not named in the First Information Report. No recovery of any incriminating article has been made from the applicant. At this stage, there is no substantive evidence to link the applicant with the offence. Further, the applicant has remained confined for more than three 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. Let the applicant Devendra Alias Dev Kushwaha, 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 :- 3.3.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad