Neutral Citation No. - 2025:AHC:56229 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4527 of 2025 Applicant :- Rajeev Garg @ Kanhaiya Opposite Party :- State of U.P. Counsel for Applicant :- Brajesh Kumar Solanki,Samrat Vikram 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.326 of 2024, for the offence punishable under sections 317(4) of B.N.S., Police Station Sajeti, District Kanpur Nagar, 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 his name came in the light in the confessional statement of co-accused Aryan Gupta. It is further submitted that there are recovery of one Samsung mobile phone and Rs.50,000/- cash from the applicant, without following the procedure prescribed under the Law. It is further submitted by counsel for the applicant that co-accused Shailendra, has already enlarged on bail by order dated 17.01.2025 of the court below, as mentioned in paragraph no.14 of the paper book. It is also submitted that the other co-accused Rajesh Yadav who was also not named in the FIR has already granted anticipatory bail by order of the co-ordinate Bench of this Court dated 21.03.2025. The bail order placed by counsel for the applicant today in the Court, which is taken on record. It is also submitted that investigation has already completed and after completion of the investigation, police has submitted charge sheet. The applicant has no previous criminal history except the present case and he is languishing in jail since 16.11.2024, more than 4 months. 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 was not named in the FIR. After completion of the investigation, police has submitted charge sheet. The co-accused Shailendra has already enlarged on bail by orders dated 17.01.2025 of the trial court and and other co- accused Rajesh Yadav, who was also not named in the FIR has already granted anticipatory bail by order of the Co-ordinate Bench of this Court. 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. After completion of the investigation, police has submitted charge sheet. The co-accused Shailendra has already enlarged on bail by order dated 17.01.2025 of the trial court and other co-accused Rajesh Yadav, who was also not named in the FIR has already granted anticipatory bail by by order of the co- ordinate Bench of this Court. The case of present applicant is stands on better footing to the case of co-accused Rajesh Yadav, who has already enlarged on bail. The applicant has no previous criminal history except the present case and he is languishing in jail since 16.11.2024, 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 Rajeev Garg @ Kanhaiya, 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