Neutral Citation No. - 2025:AHC:61131 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4607 of 2025 Applicant :- Gulam Mustafa Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. Instant application filed under Section 483 of B.N.S.S seeking bail in Case Crime No. 377 of 2024, under Sections 319 (2), 318 (4), 178, 179, 180, 181, 61 (2) of B.N.S., Police Station Belipar, District Gorakhpur. 2. Learned counsel appearing for the applicant submitted that applicant is innocent and he has not committed any offence as alleged in the first information report. He has been falsely implicated in the instant case due to ulterior motive. It is also submitted that he has no previous criminal antecedents. He is languishing in jail since 01.11.2024 i.e. more than six months. It is further submitted that after completion of investigation charge sheet has been filed and cognizance has been taken by the Court concerned on 24.11.2024. Recovery of two mobile phones shown from the possession of applicant is false. It is further submitted that three other co-accused persons namely Golu Kannojiya, Aman Viswakarma and Aditya Singh whose cases stand on similar footing, have already been enlarged on bail by the co-ordinate Bench of this Court vide orders dated 06.12.2024, 10.02.2025 and 17.02.2025 respectively. He further submitted that considering the aforesaid facts and circumstances, applicant may also be enlarged on bail. Learned counsel appearing on behalf of applicant also undertaken that he will abide by all terms and conditions as imposed by this Court while granting bail. 3. Per contra, learned A.G.A. appearing on behalf of State vehemently opposed the instant bail application submitting that Rs. 1,02,900/- has been recovered from the joint possession of the accused persons. However, he has not contradicted the facts as stated above by learned counsel for the applicant. 4. Heard learned counsel for the applicant as well as learned A.G.A. appearing on behalf of the State in advance notice and perused the contents made in the first information report as well as material placed on record. 5. It is admitted fact that applicant is languishing in jail since 01.11.2024. There are no previous criminal history of the applicant and charge sheet has already been filed after completion of investigation. Cognizance has been taken by the Court concerned. Recovery of two mobile phones shown from the possession of the applicant by the Investigating Agency has also been disputed by the defence counsel on the ground that Investigating Agency has not followed the procedure prescribed under law. There are no independent witness of the said recovery. It is also undertaken on behalf of applicant that he will abide by all terms and conditions as imposed by this Court while granting bail. No material brought on record by the learned A.G.A. that applicant will not co-operate in trial and he may influence the witnesses. 6. Taking into consideration all entirety of the matter as discussed above, evidence and material on record, nature of offence and the fact that three other similarly placed co-accused have already been enlarged on bail by the co-ordinate Bench of this Court, without expressing any opinion on the merits of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 7. Let the applicant- Gulam Mustafa, 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. 8. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 23.4.2025/AKT (Chandra Dhari Singh, J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad