Neutral Citation No. - 2025:AHC:79417 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4479 of 2025 Applicant :- Durgesh Alias Deepak Opposite Party :- State of U.P. Counsel for Applicant :- Pawan Giri,Pushpendra Singh Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. Supplementary affidavit filed on behalf of the applicant today is taken on record. 2. The instant bail application has been filed by applicant under Section 483 of B.N.S.S., seeking bail in Case Crime No.0079 of 2024, under Sections 420, 467, 468, 471, 406 I.P.C., Police Station - Kotwali Dehat, District - Bulandshahr, during the pendency of trial. 3. Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case. It is further submitted that he is known to the main co-accused Mihir Raghuvanshi and therefore, he has been implicated in the present case. It is further submitted that applicant has been arrested on 14.12.2024 and no recovery has been made by the police from his possession. It is further submitted that however, apart from the present case, applicant is having criminal history of two other cases but his criminal history has been explained in para 11 of the supplementary affidavit filed in support of the instant bail application. It is further submitted that main co- accused, Mihir Raghuvanshi has already been granted bail by Co- ordinate Bench of this Court vide order dated 01.04.2025 passed in Criminal Misc. Bail Application No.10588 of 2025. It is further submitted that after completion of investigation, charge sheet has been filed on 31.12.2024 by the investigating officer and cognizance has also been taken by the court concerned. Applicant is languishing in jail since 14.12.2024 i.e. for last about five months. 4. Per contra, learned AGA vehemently opposed the bail application of applicant, but he has not contradicted the facts as stated by learned counsel for the applicant during arguments. 5. Heard learned counsel for the applicant, learned AGA and perused the contents made in the instant bail application and material available on record. 6. It is admitted fact that the after completion of investigation, charge-sheet has been filed. Applicant is languishing in jail since 14.12.2024 i.e. for last about five months and his criminal history has been explained as stated above; undertaking given by learned counsel for applicant that applicant shall abide by all terms and conditions as imposed by this Court; there is no possibility of completion of trial in near future and there is no material brought by learned AGA to establish that if applicant would be enlarged on bail he will influence the trial or the witnesses. 7. Taking into consideration the aforesaid reasons as stated above and the fact that main co-accused, Mihir Raghuvanshi has already been granted bail by Co-ordinate Bench of this Court, without expressing any opinion on the merit of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 8. Let the applicant - Durgesh Alias Deepak, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- (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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 14.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad