Neutral Citation No. - 2025:AHC:59704 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5378 of 2025 Applicant :- Jag Narayan Opposite Party :- State of U.P. Counsel for Applicant :- Raj Narayan Singh Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, seeking enlargement on bail in Case Crime No. 223 of 2024, under Sections 318(4), 127(7), 309(6), 308(5), 115(2), 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Manikpur, District Chitrakoot, during the trial of the case. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and has not committed any offence as alleged in the F.I.R. It is submitted that as per the allegations made by the informant that online money was transferred from the account of informant to the account of co- accused Raj Narayan. It is also specific allegation against the co- accused Raj Narayan that Raj Narayan has got transferred money from the account of informant to his own account by using mobile phone. It is no allegation against the present applicant for transferring any amount from account of informant to his account. 3. Learned counsel for the applicant has submitted that the applicant is languishing in jail since 13.12.2024 and charge-sheet has been filed on 28.12.2024. There are no material sufficient on record to link the applicant in the present case. It is submitted that there are previous criminal history of one case which has been explained in paragraph 17 of the paper book. Learned counsel for the applicant has submitted that in view of the above facts and circumstances, the applicant may be released on bail. 4. Per contra, learned AGA appearing on behalf of State who has accepted notice in advance vehemently opposed the instant bail application and submitted that there are sufficient material on record to link the present applicant in the instant offence as alleged but has not contradicted the fact that the investigation has been completed and charge-sheet has been filed and criminal history of one case has been explained in paragraph 17 of the paper book. 5. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 6. Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment and the fact that there are no allegation against the applicant for transferring the money from the account of informant to his own account and the applicant is in jail since 13.12.2024, the charge-sheet has been filed before the competent court and also cognizance has been taken on 10.02.2025 and there are no chance for completion of trial in the near future, I am inclined to grant bail to the applicant. The bail application is allowed. 7. Let the applicant- Jag Narayan 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 :- 22.4.2025 Pratima Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad