Neutral Citation No. - 2025:AHC:72019 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4814 of 2025 Applicant :- Rohit Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Mohak Agarwal,Ran Vijay Singh Counsel for Opposite Party :- G.A.,Pradeep Kumar Mishra Hon'ble Chandra Dhari Singh,J. 1. The instant bail application under Section 483 of B.N.S.S. has been filed on behalf of applicant for bail in Case Crime No.125 of 2024, under Sections 306, 317(2), 317(5) of B.N.S., Police Station - Chowk, District - Varanasi, during the pendency of trial. 2. Learned counsel appearing on behalf of applicant has submitted that the applicant was the Salesman in a shop. It is further submitted that applicant is innocent person and he has not committed any offence as alleged in the F.I.R. It is further submitted that applicant has been falsely implicated in the instant case due to ulterior motive. It is submitted that the alleged theft article was recovered from his possession by the investigating agency without following procedure prescribed under the law. There is no independent witness of the said recovery. It is also submitted that criminal history of one case for the offences punishable under Sections 115(2), 352, 351(2) of B.N.S. has been explained in paragraph 34 of paper book, in which final report has already been filed by the police. It is further submitted that after completion of investigation, charge sheet has been filed on 29.11.2024 by the investigating officer and the court concerned has already taken cognizance. Applicant is languishing in jail since 29.11.2024 i.e. about six months. It is also submitted that there is no credible evidence on record to link the applicant with commission of said offence at this stage. It is further undertaken by learned counsel for applicant that applicant shall abide by all terms and conditions as imposed by this Court. 3. Taking into consideration the aforesaid facts, it is prayed on behalf of applicant that applicant may be released on bail in the aforesaid crime. 4. Per contra, learned AGA vehemently opposed the bail application of applicant and submitted that on C.C.T.V. footage applicant has been seen to give the stolen property to one co- accused, namely, Ujjawal. Applicant has taken the said property from the shop. It is further submitted that C.C.T.V. footage clearly linked the applicant, who was a Salesman in the shop and have stolen the property as alleged in the F.I.R. with the help of co- accused, but he has not disputed the fact that the investigation has been completed and charge sheet has been filed and applicant is languishing in jail for about six months. 5. Learned counsel for complainant has submitted that he was In- charge of Stock and he was aware about stock of the goods in the stock room. Applicant has been seen in C.C.T.V. footage that he is transferring the said bricks of silver to the co-accused, who has taken away the said stolen goods from the shop. There are other credible material on record also to link the applicant to the commission of crime as alleged. It is vehemently submitted that as there are sufficient material and evidences on record to establish that applicant has committed the offence with the help of co- accused, he is not entitled to any leniency by this Court while considering the bail application of applicant and the instant bail application may be dismissed. 6. Heard learned counsel appearing on behalf of applicant, Sri Rakesh Kumar Mishra, learned AGA appearing on behalf of the State, Sri Pradeep Kumar Mishra, learned counsel appearing on behalf of complainant and perused the contents made in bail application and material available on record. 7. The C.C.T.V. footage which was relied by both the counsel establishing that it is the credible evidence to link the applicant, there are no record of F.S.L. report to establish the credibility of the said C.C.T.V. footage. After completion of investigation, charge sheet has been filed and cognizance has been taken by the competent court on the same day. 8. Taking into consideration the material on record, nature of offence, period of languishing in jail, applicant is habitual offender and undertaking given by learned counsel for applicant that applicant shall by abide all the terms and conditions as imposed by this Court as well as the matter as discussed above, without expressing any finding or opinion on merits of the case, I am inclined to release the applicant on bail. Accordingly, the bail application is allowed. 9. Let the applicant - Rohit Kumar, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.1,00,000/- (Rupees One Lac) 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. . (Chandra Dhari Singh, J.) Order Date :- 6.5.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad