Neutral Citation No. - 2025:AHC:83766 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5503 of 2025 Applicant :- Nasir Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Shukla,Tiwari Ajay Kumar 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. 207 of 2024, under Sections 303 (2), 318 (4), 317 (2) of B.N.S., Police Station Mirapur, District Muzaffar Nagar. 2. Learned counsel appearing on behalf of 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 further submitted that applicant was not named in the F.I.R. He was arrested on the information received by the police from the informant. Alleged recovery shown from the possession of applicant is false. Learned counsel has disputed the said recovery shown from the possession of the applicant submitting that Investigating Agency while making the recovery memo has not followed the procedure prescribed under the law. There are no independent witness of the said recovery. Learned counsel further submitted that investigation has been completed and charge sheet has been filed on 17.02.2025. Cognizance has been taken on 19.02.2025. Applicant is languishing in jail since 21.12.2024 i.e. about 5 months. Seven cases criminal history of the applicant has been explained in para-17 of the paper book. There are very dim chance of conclusion of trial in near future. Applicant is permanent resident of address mentioned in the memo of bail application. 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 but he has not contradicted the facts as stated above by learned counsel for the applicant. 4. Heard Sri Anurag Shukla, learned counsel for the applicant as well as Sri S. K. Ojha, 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 21.12.2024 i.e. about five months. Charge sheet has already been filed after completion of investigation and cognizance has been taken by the competent Court. Criminal history of seven cases of the applicant has already been explained as stated above. Recovery 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. Applicant is permanent resident of address mentioned in the memo of bail application. 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. 6. Taking into consideration all the aforesaid reasons as stated above, 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-Nasir, 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. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 19.5.2025 AKT (Chandra Dhari Singh,J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad