Neutral Citation No. - 2025:AHC:22948 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3512 of 2025 Applicant :- Ajeet Fauji Opposite Party :- State of U.P. Counsel for Applicant :- Km. Ashra,Mohd. Samiuzzaman Khan Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant and Sri V.P. Tripathi, learned A.G.A. 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. 214 of 2024, under Sections 309(4), 127(2), 308(5), 308(6), 317(2) B.N.S., Police Station Salempur, District Bulandshahr during the pendency of the trial. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The incident is alleged to have occurred on 07.07.2024 and the first information report was lodged on 31.08.2024. The delay is fatal to the prosecution case. The alleged mobile phone from which call was made to the informant does not belong to the applicant. No video as stated in the first information report was recovered by the Investigating Officer. False recovery of a mobile phone and Rs.3,49,800/- has been shown from the joint possession of the applicant and other co-accused. Further, identically placed co-accused Sonu has been granted bail by the Sessions Judge, Bulandshahr vide order dated 25.09.2024 passed in Bail Application No. 5185 of 2024. The criminal history of the applicant has been explained in Paragraph- 27 of the bail application. The applicant is in jail since 03.08.2024 and if he is released 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 learned counsel for the parties and after perusal of the record, this Court prima facie finds that the first information report was lodged belatedly. The alleged video was not recovered by the Investigating Officer. Identically placed co-accused Sonu has been granted bail. Moreover, the applicant has remained confined for more than six months and after submission of the charge-sheet there is no hope of early conclusion of trial, and 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, therefore, 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- Ajeet Fauji, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of 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; and, (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 :- 18.2.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad