Neutral Citation No. - 2025:AHC:35031 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6191 of 2025 Applicant :- Monu Pasi Opposite Party :- State of U.P. Counsel for Applicant :- Neeraj Kumar Srivastava,Sunil Prakash Anand Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State-respondent and perused the record. 2. The instant bail application under Section 483 BNSS has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 104 of 2024, under Section 309(6) BNS, Police Station Mohabbatpur Painsa, District Kaushambi, during the pendency of trial. 3. Counsel for the applicant submits that the applicant was not named in the first information report. The applicant was arrested on the next day of the alleged incident and has been falsely implicated in the instant case. False recovery of a country made pistol and one live cartridge has been shown at the pointing out of the applicant. There is no independent witness to the alleged recovery. At this stage, there is no credible evidence to link the applicant with the offence. Criminal history of the applicant has been explained in para 14 of the affidavit. The applicant is in jail since 21.11.2024 and in case he is enlarged on bail, he will not misuse the said liberty. 4. Learned AGA 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. At this stage, there is no substantive evidence to link the applicant with the offence. The applicant has remained confined for more than three 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 delay the trial 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 Monu Pasi, 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 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 :- 10.3.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad