Neutral Citation No. - 2025:AHC:55610 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4330 of 2025 Applicant :- Abhay Alias Chintu Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Ram Bali Ram Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. Supplementary affidavit placed before the Court by counsel for the applicant, which is taken on record. 2. Instant application has been filed under Section 483 of the BNSS, 2023 seeking regular bail in Case Crime No.244 of 2024, for the offence punishable under sections 303(2), 317(2), 317(4), 317(5), 319(2), 318(4), 338, 336(3), 340(2) of Bhartiya Nyaya Sanhita-2023, Police Station Khanpur, District Ghazipur. 3. 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 there are false recovery of one motorcycle and Rs.40/- was made by the investigating officer from the applicant. He further submitted that applicant has been falsely implicated in the aforesaid case by the police personal to show the good work. He also submitted that applicant is young boy of 20 years, hockey player and student of high school. Applicant is languishing in jail since 08.12.2024, more than 4 months. He further submits that applicant has criminal history of 3 cases, which have been explained in paragraph no.4 of the supplementary affidavit filed today. He further submitted that three co-accused persons have already enlarged on bail by the Sessions Judge, Ghazipur and Co-ordinate Bench of this Court. The bail orders are appended as Annexure-SA-1 and SA-2 respectively. 4. 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. 5. Per contra, learned counsel appearing on behalf of the State has vehemently opposed the instant bail application and submitted that one motorcycle was recovered from the possession of the applicant and he is habitual offender, therefore, the applicant is not entitled for any leniency by this Court. There is no merit in the application for granting bail as prayed by the applicant. However, he has not contradicted the facts that the criminal history of 3 cases of the applicant have been explained in paragraph no.4 of the supplementary affidavit. He has also not contradicted that facts that other three co-accused persons have already enlarged on bail by the Sessions Judge, Ghazipur and Co-ordinate Bench of this Court. The bail orders are appended as Annexure- SA-1 and SA-2 respectively. 6. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 7. I have gone through the contents made in the application as well as the documents appended with the application and perused the supplementary affidavit. 8. It is admitted fact that the applicant is young boy of 20 years, hockey player, student of high school and have good future. It is also submitted that investigation has already completed and after completion of the investigation, police has submitted charge sheet on 29.01.2025. Criminal history of 3 cases have been explained in paragraph no.4 of the supplementary affidavit filed today. Other three co-accused persons have already enlarged on bail by the Sessions Judge, Ghazipur and Co-ordinate Bench of this Court. Applicant is languishing in jail since 08.12.2024, more than 4 months. 9. 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. 10. Let the applicant - Abhay Alias Chintu Pandey, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs.25,000 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. 11. 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