Neutral Citation No. - 2025:AHC:18883 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4169 of 2025 Applicant :- Roshan Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Bhanu Prakash Verma,Pinkee Maurya 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. 794 of 2024, under Sections 317(2), 340(2), 338, 336(3) BNS, Police Station Cheeluatal District Gorakhpur during the pendency of trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. False recovery of a motorcycle has been shown from the possession 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. The criminal history of the applicant has been explained in paragraphs 10,11 and 12 of the bail application. The applicant is in jail since 25.10.2024 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 there is no independent witness to the alleged recovery. At present 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 Roshan Nishad, 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 :- 10.2.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad