Neutral Citation No. - 2025:AHC:79692 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5729 of 2025 Applicant :- Nand Kishor Rajput Opposite Party :- State of U.P. Counsel for Applicant :- Bandana Singh,Satyam Jaiswal,Soma Mandal,Ved Prakash Tripathi Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. Learned counsel appearing on behalf of applicant submits that she has already filed supplementary affidavit explaining criminal history of the applicant, in the Registry on 01.05.2025, which is not on record. 2. Office is directed to trace out the same and place it on record. 3. Meanwhile, photocopy of supplementary affidavit has been placed by learned counsel for the applicant, which is taken on record. 4. 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. 417 of 2024, under Sections 305 Ka, 317 (2) of B.N.S., Police Station - Akbarpur District -Kanpur Dehat. 5. Learned counsel appearing on behalf of the applicant has submitted that applicant is innocent person and 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. Applicant was not named in the F.I.R. as the same was lodged against unknown persons. He has been arrested along with other co-accused persons on information received by the informer. It is further submitted that on his arrest recovery of Rs. 6,000/-, country made pistol and two live cartridges was shown from possession of applicant. Recovery which has been shown by the investigating agency, is disputed by applicant as the police has not followed the procedure as prescribed under the law. There are no independent witness of the said recovery. It is also submitted that applicant has a criminal history of 18 case which has been explained in paragraph 2 of the supplementary affidavit. It is further submitted that there is no credible evidence brought on record to connect the applicant with the instant case. It is further submitted that after completion of investigation, charge sheet has been filed on 15.01.2025 by the investigating officer and the court concerned has taken cognizance on 21.01.2025. It is further submitted that co-accused, Brijesh has been enlarged on bail by Co-ordinate Bench of this Court vide order dated 07.05.2025 passed in Criminal Misc. Bail Application No. 5444 of 2025. Applicant is languishing in jail since 23.11.2024. 6. Taking into consideration the aforesaid facts, it is prayed by learned counsel appearing on behalf of applicant that applicant may be released on bail in the aforesaid crime. It is undertaken by learned counsel for the applicant that applicant shall abide by all terms and conditions as imposed by this Court. 7. Per contra, learned AGA vehemently opposed the bail application of applicant, but he has not contradicted the facts as stated by learned counsel for the applicant during arguments. 8. Heard Ms. Bandana Singh, learned counsel appearing on behalf of applicant, learned AGA appearing on behalf of the State, perused the contents made in bail application and material available on record. 9. I have gone through the contents made in the bail application as well as the documents appended with the bail application and perused the affidavit. It is admitted fact that after completion of investigation, charge sheet has been filed and the court concerned has also taken cognizance; criminal history of 18 cases has already been explained; other co-accused person has already been enlarged on bail; applicant is languishing in jail about six months, there is no possibility of completion of trial in near future and there is no material brought by learned AGA to establish that if applicant would be enlarged on bail he will influence the trial or the witnesses. 10. 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. 11. Let the applicant - Nand Kishor Rajput, 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. 12. 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 :- 14.5.2025 Shiraz Digitally signed by :- SHIRAZ ALI High Court of Judicature at Allahabad