Neutral Citation No. - 2025:AHC:55928 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4182 of 2025 Applicant :- Imran Opposite Party :- State of U.P. Counsel for Applicant :- Akash Patel,Syed Shahnawaz Shah Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant application has been filed under Section 483 of the BNNS, 2023 for seeking bail in Case Crime No. 548 of 2024 under sections 303(2), 317(2) of BNS, Police Station - Garhmukteshwar, District - Hapur. 2. Learned counsel appearing on behalf of the applicant/petitioner has submitted that the applicant is innocent person and has not committed any offence as alleged in the FIR. It is submitted that the FIR was lodged by informant - Lalit Kumar on 15.10.2024 for the incident which has taken place on 14.10.2024. As per the FIR, the informant is a driver of Truck bearing No. UP-15 DT-4876 who brought his truck from Moradabad and on 14.10.2024 at 8:30 pm has stopped his truck at Adil Dhaba for having dinner. After sometime the guard of the Dhaba started shouting Chor-Chor then he alongwith the workers on Dhaba went on the place of the incident and saw two people has taken out two batteries and jack from his truck and was running away on motorcycle. Both the accused persons were caught by the informant as well as other persons who were present at that time on Dhaba. The recovery of batteries and jack were shown from the possession of both the accused persons. 3. It is submitted that said recovery which has been made is without following the procedure prescribed under law. Both the accused persons namely present applicant - Imran and co-accused Khalid were arrested on the same day i.e. 15.10.2024. 4. It is further submitted that there are criminal history of three cases against the applicant which has already been explained in para-15 of the affidavit filed in support of the present application, and in all the cases he has been bailed out.It is further submitted that co-accused person i.e. Khalid has already been enlarged on bail vide order dated 24.2.2025 passed by the co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 46149 of 2024 (Khalid Vs. State of UP). He next submitted that co-accused Khalid has previous criminal history of 5 cases. The applicant has criminal history of 3 cases, therefore, his case is on the better footing. The bail order of co-accused Khalid has been placed before this Court during the course of argument, which is taken on record. 5. It is also submitted that in view of the facts and circumstances of the case, it is prayed on behalf of the applicant that the applicant may be released on bail in the aforesaid crime. He is languishing in jail since 15.10.2024. It is further undertaken that applicant shall abide by all terms and conditions as imposed by the Court. 6. Per contra, learned counsel appearing on behalf of the State has vehemently opposed the instant bail application and on instructions submitted that there are previous criminal history of the applicant and he is an habitual offender. He was arrested on the spot and the recovery of batteries and jack were shown from the possession of both the accused persons, and it is further submitted that the applicant is not entitled for any linency by this Court. There is no merit in the application for granting bail as prayed by the applicant. However, learned AGA has not contradicted that in all the three cases, the applicant has already been enlarged on bail and the co-accused Khalid, who has criminal history of 5 cases has already been enlarged on bail by co-ordinate of this Bench. 7. Heard learned counsel for the applicant, learned AGA for the State and perused the the material available on record. 8. I have gone through the contents made in the application as well as the documents appended with the application and perused the affidavit. Taking into consideration all entirety of the matter as discussed above, I am included in grant bail to the applicant. The bail application is allowed. 9. Let the applicant - Imran who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rupees 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 the 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 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 16.4.2025 S.K.S. Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad