Neutral Citation No. - 2025:AHC:61183 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4659 of 2025 Applicant :- Anand Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Saurabh Kumar Pandey 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. 409 of 2024, under Sections 303(2), 317(2) & 317(4) of the Bharatiya Nyaya Sanhita, 2023, Police Station Nawabad, District Jhansi during the pendency of trial. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant was not named in the FIR. The applicant along with two other persons was arrested on 26.08.2024 in Case Crime No. 413 of 2024 under Sections 317(2) and 317(4) of the B.N.S. Police Station Nawabad, District Jhansi and have been falsely implicated in the present case. The false recovery of six scooties and two motorcycles has been shown from the joint possession of the applicant. There is no independent witness to the alleged recovery. It is also submitted that there are six criminal history against the applicant which has been duly explained in paragraph 2 of the supplementary affidavit. The applicant is languishing in jail since 26.08.2024. Learned counsel for the applicant undertakes 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 could not deny the submissions advanced by learned counsel for the applicant. 4. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 5. It is admitted that the applicant is languishing in jail since 26.08.2024. The recovery which has been shown from the joint possession of the accused persons was disputed by the applicant. It is also taken into consideration that co-accused Awadhesh Rajput on the similar footing has already been enlarged on bail on 14.02.2025 by the Co-ordinate Bench of this Court,which is also not disputed by learned AGA. The charge-sheet has already been filed before the competent court. The criminal history of the applicant has been explained in paragraph 2 of the supplementary affidavit. 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- Anand Yadav 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 :- 23.4.2025 Pratima Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad