Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4536 of 2025 Applicant :- Parasnath Patel Opposite Party :- State of U.P. Counsel for Applicant :- Pusp Raj Singh,Rajesh Singh Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, seeking enlargement on bail in Case Crime No. 104 of 2024, under Sections 309(6), 317(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Mohabbatpur Painsa, District Kaushambi during the pendency of the trial. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and has been falsely implicated in the present case. He is not named in the FIR. His name surfaced in the statement of the co-accused. He has been arrested in some other case and the police has falsely implicated in the present case too. The applicant has been recovered ornaments of gold as well as silver. Learned counsel for the applicant has disputed the said recovery and submitted that the police has not followed procedure prescribed under law while conducting the recovery and made a recovery memo contrary to law. There are also no independent witness of the alleged recovery. There are criminal history of one case which has been duly explained in paragraph 18 of the paper book. Learned counsel for the applicant has further submitted that the other co-accused persons namely Monu Pasi and Deepu Yadav have already been granted bail by the Co-ordinate Bench of this Court vide order dated 10.03.2025 and 27.03.2025 respectively. The applicant is languishing in jail since 22.11.2024. It is also undertaken by learned counsel for the applicant that the applicant shall abide by all terms and conditions imposed by this Court while granting the bail. He has prayed for enlarging the applicant on bail. 3. Per contra, learned counsel appearing on behalf of State who has accepted notice in advance vehemently opposed the instant bail application but has not contradicted the fact as stated by learned counsel for the applicant. He has submitted that after completion of the investigation, charge-sheet has been filed on 09.01.2025. The cognizance has been taken on 16.01.2025. 4. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 5. The applicant is languishing in jail since 22.11.2024. There are one criminal history against the applicant which has been duly explained in para 18 of the paper book. The other co-accused persons namely Monu Pasi and Deepu Yadav have already been granted bail by the Co-ordinate Bench of this Court vide order dated 10.03.2025 and 27.03.2025 respectively. The recovery memo is disputed by learned counsel for the applicant. The charge-sheet has been filed and cognizance has been taken by the competent court. There are no chance for completion of trial in the near future. The applicant has given undertaking that he shall abide by all terms and conditions imposed by this Court while granting the bail. Taking into consideration all entirety of the matter as discussed above, I am inclined to grant bail to the applicant. The bail application is allowed. 6. Let the applicant- Parasnath Patel, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- 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 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 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 24.4.2025 Pratima (Chandra Dhari Singh,J.) Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad