Neutral Citation No. - 2025:AHC:35666 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8570 of 2025 Applicant :- Alishan Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Shahibe Alam Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned Counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 82 of 2021, under Sections 382, 411 I.P.C., Police Station- Badgaon, District- Saharanpur during pendency of the trial. 3. Counsel for the applicant submits that the applicant was not named in the first information report. The applicant was arrested on 5.6.2021 along with two other co-accused and has been falsely implicated in the instant case. False recovery of country made pistol, two live cartridges and Rs.130/- has been shown from the applicant. There is no independent witness to the alleged recovery. Further, identically placed co-accused Rashid has been granted bail by this Court vide order dated 12.4.2022 passed in Criminal Misc. Bail Application No. 1755 of 2022. The applicant claims parity. Prior the instant case the applicant does not have any criminal history, however after his arrest he has been implicated in other cases. The applicant is in jail since 5.6.2021. In case he is enlarged on bail, he will not misuse the said liberty. 4. Learned A.G.A. 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 applicant was not named in the first information report. There is no independent witness to the alleged recovery. Identically placed co-accused Rashid has been granted bail by this Court. Further the applicant has presently remained confined for more than three years nine 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 applicant, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant, Alishan involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not tamper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court. 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 :- 11.3.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad