Neutral Citation No. - 2025:AHC:56235 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4501 of 2025 Applicant :- Sandeep Opposite Party :- State of U.P. Counsel for Applicant :- Kartikey Singh Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. Instant application has been filed under Section 483 of the BNSS, 2023 seeking regular bail in Case Crime No.318 of 2024, for the offence punishable under sections 318(4), 61(2) of B.N.S., Police Station Sadar Bazar, District Mathura, during pendency of the trial. 2. Learned counsel appearing on behalf of the applicant submitted that the applicant is innocent and has not committed offence as alleged in the FIR. It is further submitted that applicant was not named in the FIR and during investigation his name came in the light as witness of the sale deed executed in favour of co-accused, Monika. He further submitted that applicant is merely a witness of the said sale deed document and he was not aware about any facts regarding the fraud committed by the husband of the co-accused, Monika. It is also submitted that there are no credible evidence on record to link the present applicant in the aforesaid crime. The applicant has no previous criminal history except the present case and he is languishing in jail since 11.12.2024, more than 4 months. It is further submitted by counsel for the applicant that co-accused Kartar Singh and Smt. Sheela Devi have already enlarged on bail by the co-ordinate Benchs of this Court vide orders dated 06.03.2025 and 03.04.2025, respectively. The bail orders are placed by counsel for the applicant today in the Court, which is taken on record. It is also submitted after completing the investigation the police submitted charge-sheet. 3. 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. It is further undertaken that applicant shall abide by all terms and conditions as imposed by the Court. 4. Per contra, learned counsel appearing on behalf of the State has vehemently opposed the instant bail application. However, has not contradicted the facts that applicant is merely a witness of the sale deed executed in favour of the co-accused Monika. The other co- accused Kartar Singh and Smt. Sheela Devi have already enlarged on bail by the Co-ordinate Benchs of this Court vide order dated 06.03.2025 and 26.03.2025, respectively. 5. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 6. I have gone through the contents made in the application as well as the documents appended with the application and perused the record. 7. I have perused the impugned FIR in which the present applicant was not named. The disputed amount was transferred in the account of co-accused Monika. Present applicant is merely a witness of the sale deed executed infavour of the co-accused Monika. I have also not found any evidence against the present applicant to link him in the present crime. The co-accused Kartar Singh and Sheela Devi have already enlarged on bail by the Co- ordinate Benchs of this Court vide order dated 06.03.2025 and 26.03.2025, respectively. After completing the investigation the police submitted charge-sheet. The applicant has no previous criminal history except the present case and he is languishing in jail since 11.12.2024, more than 4 months. 8. 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. 9. Let the applicant Sandeep, who is involved in the 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 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 VKG Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad