Neutral Citation No. - 2025:AHC:59975 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5443 of 2025 Applicant :- Chhuttan Opposite Party :- State of U.P. Counsel for Applicant :- Keshari Nath Tripathi Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application under Section 483 of B.N.S.S. has been filed for bail in Case Crime No.361 of 2024, under Sections 311, 317(3) B.N.S., Police Station - Hapur Dehat, District - Hapur. 2. Learned counsel appearing on behalf of applicant has submitted that the present applicant is innocent and he has not committed any crime as alleged in the F.I.R. He has further submitted that applicant is not named in the F.I.R. Applicant has been arrested by the police along with eight other co-accused persons on information received by the police informer and joint recovery of 18 boxes containing approximately 741 Kg. stolen Copper Wire was shown by the police. It is also submitted that there is criminal history of one case against the applicant, which has been explained in paragraph 18 of the paper book. Applicant is languishing in jail since 02.12.2024. It is also submitted that after completion of investigation charge sheet has been filed and cognizance has already been taken on 28.01.2025. 3. Learned counsel for applicant has further submitted that co- accused persons, namely, Abhishek, Amit and Prabhakar, who are on similar footing, have already been enlarged on bail by Co- ordinate Bench of this Court vide orders dated 02.04.2025, 01.04.2025 and 19.03.2025, respectively. The bail orders have been placed during arguments. 4. Taking into consideration the aforesaid facts, it is prayed on behalf of applicant that he may be released on bail in the aforesaid crime. It is further undertaken by learned counsel for the applicant that applicant shall abide by all terms and conditions as imposed by this Court. 5. Per contra, learned A.G.A. appearing on behalf of the State, in advance notice, has vehemently opposed the bail application of applicant and submitted that there are sufficient material collected by the police during investigation to connect the applicant with the instant crime, but he has not contradicted the fact that other co- accused persons have already been granted bail by respective orders as placed by the applicant and noted in the previous paragraph. It is also submitted that the criminal history of one case has already been explained, the charge sheet has been filed and cognizance has also been taken, recovery of stolen Copper Wire weighing 741 Kg. from joint possession of the applicant and applicant is involved in serious offence, therefore, he is not entitled to be released on bail. 6. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 7. There are recovery of 741 Kg. stolen Copper Wire from the joint possession of all the co-accused persons, but that recovery was disputed by the applicant as the police has not followed the procedure prescribed under the law while making the memo of recovery, there is no independent witness of the recovery memo, other co-accused persons have already been enlarged on bail, criminal history of one case which has been explained, the applicant is languishing in jail for almost five months and he has also undertaken that applicant shall abide by all terms and conditions as imposed by this Court the charge sheet has already been filed after completion of investigation and there is no chance to conclude the trial in near future. 8. Taking into consideration all the entirety of the matter as discussed above, without expressing any finding or opinion on merits of the case, the applicant is releasing on bail. Accordingly, the bail application is allowed. 9. Let the applicant - Chhuttan, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- (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 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 :- 22.4.2025 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