Neutral Citation No. - 2025:AHC:61555 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6061 of 2025 Applicant :- Bharat Alias Shivam Ahirwar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Praveen Shrivastav Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application has been filed on behalf of the applicants under Section 483 of the B.N.S.S., 2023 with a prayer to enlarge the applicants on regular bail in Case Crime No. 02/2025, under Section 309(6), 317(2), 49 of BNS-2023 (IPC concerned Section 394, 411, 109), Police Station - Raksa, District - Jhansi during pendency of the trial. 2. Learned counsel appearing on behalf of the applicants has submitted that the applicants are innocent. They have not committed any offence as alleged in the FIR. They have been falsely implicated in this case due to ulterior motive. Recovery shown from the possession of the applicants are false as there are no independent witness of the alleged recovery. 3. Learned counsel for the applicants further submitted that the other co-accused persons namely Raj Gautam, Manish Ahirwar, Shivam alias Uday Gautam and Bhagwant Prajapati, whose case stands on similar footing, have already been granted bail by co- ordinate Bench of this Court vide order dated 10.3.2025, 24.3.2925, 25.3.2025 and 26.3.2025 respectively. 4. It is next submitted that the applicants are languishing in jail since 9.1.2025 i.e. more than 3 months. 5. It is also submitted that in view of the facts and circumstances of the case, it is prayed on behalf of the applicants that the applicants may be released on bail in the aforesaid crime. It is further undertaken that applicants shall abide by all terms and conditions as imposed by the Court while granting bail. 6. Learned counsel for the State has vehemently opposed the instant bail application and submitted that there is sufficient material on record to connect the present applicants with the offence. However, he could not dispute that the other co-accused persons whose case stands on similar footing have already been granted bail by the coordinate bench of this Court as submitted by the learned counsel for the applicants. 7. Heard Sri Anupal Verma, learned counsel appearing on behalf of the applicants, learned AGA for the State and perusal the material available on record. 8. Taking into consideration the aforesaid reasons and the fact that co-accused persons have already been enlarged on bail, and without expressing any opinion on the merit of the case, I am inclined to grant bail to the applicants. The bail application is allowed. 9. Let the applicant - (1) Bharat alias Shivam Ahirwar and (2) Vikas Rajpoot, who are involved in the aforementioned case crime be released on bail on their furnishing a personal bond of Rupees 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 the 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 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of 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 :- 23.4.2025 S.K.S. Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad