Neutral Citation No. - 2025:AHC:74151 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4787 of 2025 Applicant :- Gagan Balmeek Opposite Party :- State of U.P. Counsel for Applicant :- Nisha Chouhan,Shailendra Singh Rathore Counsel for Opposite Party :- G.A.,Shashi Kumar Mishra Hon'ble Chandra Dhari Singh,J. 1. None appeared on behalf of the complainant even in revised call also. On previous date i.e. 9.4.2025, the following order was passed. " It is made clear that if the counsel for the complainant will not appear on the next date fixed, the matter will be heard ex pare qua the complainant with the assistance of the learnd AGA." 2. Therefore, the court left no option but to proceed with the matter with the assistance of learned AGA, as the applicant is in jail since 4.8.2024. 3. The instant application has been filed under Section 483 of the BNSS, 2023 for seeking bail in Case Crime No. 160 of 2024 under sections 309(6), 115(2), 109, 317(2) BNS, Police Station - Maudarwaja, District – Farrukhabad during pendency of the trial. 4. Learned counsel appearing on behalf of the applicant submitted that the applicant is innocent and has not committed offence as alleged in the FIR. He has been falsely implicated in this case. He is not named in the FIR. His name was disclosed by the co-accused Ishu. The applicant has no previous criminal history. He is a man of clean antecedents. He is in jail since 4.8.2024. Charge sheet has been filed on 28.9.2024 and cognizance has been taken by the competent court on 30.5.2024.There is dim chance of completion of trial in near future. 5. 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. 6. Per contra, learned counsel appearing on behalf of the State in advance notice has vehemently opposed the instant bail application but has not contradicted the aforesaid submissions argued by the learned counsel for the applicant. 7. Heard learned counsel for the applicant, learned AGA for the State and perused contents made in the application and material available on the record. 8. I have gone through the contents made in the application as well as the documents appended with the application and perused the material available on record. It is admitted fact that the applicant is languishing in jail since 4.8.2024, his is not named in the FIR, charge sheet has been filed, the applicant has no previous criminal history and there is deem dim chance of completion of trial in near future. No material brought on record by the learned AGA that if the applicant is released on bail, he will not cooperate in the trial. 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 - Gagan Balmeek, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- (Rs. 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. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 7.5.2025/S.K.S. (Chandra Dhari Singh,J.) Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad