Neutral Citation No. - 2025:AHC:16681 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47498 of 2024 Applicant :- Bhupendra Singh Alias Bhupendra Singh Rathore Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. Matter is taken up in the revised call. By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 402 of 2021 at Police Station- Hari Parvat, District- Agra under Sections 420, 414 IPC and Section 15 D.A.A. Act. The applicant is in jail since 04.12.2024. The bail application of the applicant was rejected by the learned trial court on 13.12.2024. The following arguments made by Sri Sanjay Singh, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Sri Chandan Agarwal, learned AGA-I from the record, entitle the applicant for grant of bail: 1. The applicant was falsely implicated in this case. 2. Some items were planted on the applicant to frame him in the instant case to burnish the credentials of the police investigators without diligent investigations. There is no independent witness to the recovery. 3. The other implicatory evidence against the applicant is the nomination of the applicant in the statement of a co- accused made before the police authorities while in custody of the latter. The said statement insofar it implicates the applicant is inadmissible in evidence. 4. The applicant had no knowledge of his nomination in the FIR and that the chargesheet was filed against him. On 30.11.2024, the police authorities had visited the applicant's home, and that point in time the applicant came to know about the pendency of the criminal case. He voluntarily surrendered thereafter before the learned trial court. 5. The applicant claims congruency in role and seeks parity in relief granted to the co-accused Banwari who has been granted bail by this Court on 24.11.2021 in Criminal Misc. Bail Application No. 46803 of 2021. 6. The applicant does not have any criminal history apart from this case. 7. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant- Bhupendra Singh Alias Bhupendra Singh Rathore be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:- (i) The applicant will not tamper with the evidence or influence any witness during the trial. (ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. (iii) The learned trial court is directed to fix the sureties after due application of mind in light of the judgement passed by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023). The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties, or onerous conditions which are unrelated to the socioeconomic status of the applicant. Order Date :- 5.2.2025 Jaswant Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad