Neutral Citation No. - 2025:AHC:66929 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4810 of 2025 Applicant :- Alishan Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Tripathi,Mohd. Asim Zulfiquar Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application under Section 483 of B.N.S.S. has been filed on behalf of accused-applicant seeking enlargement on bail in Case Crime No.316 of 2024, under Sections 309(4), 317(2) of B.N.S., Police Station Sandeepanghat, District Kaushambi. 2. Learned counsel appearing on behalf of applicant has submitted that the applicant is innocent person and has been falsely implicated in the instant case. Learned counsel for the applicant has submitted that the applicant was not named in the F.I.R. He has further submitted that name of applicant was disclosed in the statement of co-accused, Mohd. Salman. It is further submitted that the allegation as per the F.I.R. is that the applicant along with other co-accused was involved in the snatching the money bag of the complainant. There is no material on record to link or connect the applicant with the said case. It is also submitted that Rs.29560/- was recovered by the police from the house of applicant. It is also submitted that the said recovery was made by the police is disputed on the ground that the police has not followed the procedure prescribed under the law. There is no independent witness of the said recovery. It is also submitted that after investigation charge sheet has been filed on 24.01.2025 and cognizance has been taken by the competent court on 28.01.2025. It is also submitted that criminal history of three cases of the applicant has already been explained in supplementary affidavit filed on behalf of the applicant. It is further submitted that co- accused, Mohd. Gufran has been enlarged on bail by Co-ordinate Bench of this Court vide order dated 01.04.2025. Applicant is languishing in jail since 10.12.2024. 3. Taking into consideration the aforesaid facts, it is prayed on behalf of applicant that he may be released on bail in the aforesaid crime. It is further undertaken by learned counsel for the applicant that applicant shall abide by all terms and conditions as imposed by this Court. 4. Per contra, learned AGA vehemently opposed the bail application of applicant, but he has not contradicted the facts as stated by learned counsel for the applicant during arguments. 5. Heard learned counsel for the applicant as well as Sri Rajesh Kumar Gupta, learned AGA for the State and perused the record. 6. It is admitted fact that the applicant is languishing in jail since 10.12.2024 more than five months. The recovery of Rs.29,560/- has been disputed by the applicant; charge sheet has been filed and cognizance has been taken; criminal history of applicant has been explained; there is no material on record to show that the applicant will not cooperate in the trial or will influence the witness; applicant is languishing in jail for more than five months and there is no possibility of completion of trial in near future. 7. Taking into consideration all the entirety of the matter as discussed above, without expressing any finding or opinion on merits of the case, the applicant is releasing on bail. Accordingly, the bail application is allowed. 8. Let the applicant - Alishan, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- (Fifty Thousand) and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. . (Chandra Dhari Singh, J.) Order Date :- 29.4.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad