Neutral Citation No. - 2025:AHC:60657 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5678 of 2025 Applicant :- Shaukat Kanjad Opposite Party :- State of U.P. Counsel for Applicant :- Salman Ahmad Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application has been filed on behalf of the applicant under Section 483 of the B.N.S.S., 2023 with a prayer to enlarge the application on regular bail in Case Crime No. 339 of 2024, under Section 457, 380 IPC, Police Station - Kotwali Orai, District - Jalaun during pendency of the trial. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent. He has not committed any offence as alleged in the FIR. He was not named in the FIR. He has been falsely implicated in this case due to ulterior motive. The applicant was arrested on 6.6.2024 in Case Crime No. 394/2024 under Section 399,402, 307 IPC and Section 3/25 Arms Act at Police Station - Kotwali Orai, District - Jalaun and has been falsely implicated in the present case. False recovery of country made pistol and two live cartridges have been shown from the possession of the applicant. It is further submitted that there was no independent witness to the alleged recovery. It is next submitted that recovery of ornaments of yellow and white metal and an Ertiga Car were recovered from the possession of other accused persons. It is contended that they have been roped in other criminal cases in which his name was not recorded. After arrest as stated above, he was also named in this FIR. The applicant has criminal history of 6 cases to his credit, which has been explained in paragraph no. 23 of the paper book and in one of the case the applicant has been granted bail. 3. It is also submitted that other co-accused persons have already been released on bail vide or dated 12.12.2024 by the co-ordinate Bench of this Court passed in Criminal Misc. Bail Application No. 44565 of 2024. 4. It is next submitted that the applicant is languishing in jail since 7.6.2024 i.e. more than 9 months. Charge sheet has been filed on 28.6.2024 after completion of the investigation before the court concerned. The Court has taken cognizance on 29.7.2024. It is also submitted that there is no chance for 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 while granting bail. 6. Learned counsel for the State has vehemently opposed the instant bail application and submitted that there is sufficient material on record to connect the present applicant with the offence. However, he could not dispute that other co-accused persons have already been granted bail by the coordinate bench of this Court vide order dated 12.12.2024. 7. Heard learned counsel for the applicant, learned AGA for the State and perusal the material available on record. 8. Taking into the aforesaid reasons, and without expressing any opinion on the merit of the case, I am inclined to grant bail to the applicant. The bail application is allowed. 9. Let the applicant - Shaukat Kanjad, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rupees 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 22.4.2025/S.K.S. (Chandra Dhari Singh,J) Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad