Neutral Citation No. - 2025:AHC:36558 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5223 of 2025 Applicant :- Shayeb Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd Shahrukh Wasim Ansari Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned Counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant bail application, under Section 483 B.N.S.S., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 886 of 2022, under Section 394 I.P.C., Police Station- Kannauj, District- Kannauj during pendency of the trial. 3. Counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the instant case. The name of the applicant was disclosed by co-accused Prem Singh in police custody. The said statement insofar as it implicates the applicant is unreliable. The co-accused Prem Singh has been granted bail by this Court vide order dated 20.2.2023 passed in Criminal Misc. Bail Application No. 6875 of 2023. The criminal history of the applicant has been explained in para 18 of the bail application. The applicant is in jail since 24.12.2024. In case he is enlarged on bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that the applicant was not named in the first information report. The name of the applicant was disclosed by co-accused Prem Singh in police custody. The co-accused Prem Singh has been granted bail by this Court. Further the applicant has presently remained confined for more than two months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant, Shayeb involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not tamper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 12.3.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad