Neutral Citation No. - 2025:AHC:79740 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6041 of 2025 Applicant :- Ajay Rajpoot Opposite Party :- State of U.P. Counsel for Applicant :- Shiv Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application has been filed by applicant under Section 483 of B.N.S.S., seeking bail in Case Crime No.143 of 2024, under Sections 457, 380, 411 I.P.C., Police Station - Talbehat, District - Lalitpur, during the pendency of trial. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is not named in the FIR and he is innocent person and he has not committed any offence as alleged in the FIR. It is further submitted that on the information furnished by police informer, applicant was arrested alongwith other co- accused. It is further submitted that the alleged recovery was shown from the possession of the applicant without following the procedure prescribed in the law and even there is no independent witness of the said recovery. It is further submitted that co-accused Nilesh Dubey and Brijendra Parmar have already been enlarged on bail by the Co-ordinate Bench of this Court vide orders dated 04.12.2024 and 10.12.2024 passed in Criminal Misc. Bail Application Nos.43511 of 2024 and 43335 of 2024, respectively. It is further submitted that there is no likelihood of his fleeing from course of justice or tampering with the evidence in case of release on bail. It is further submitted that however, apart from the present case, applicant is having criminal history of ten other cases but his criminal history has been explained in para 23 and 25 of the affidavit filed in support of the instant bail application. It is further submitted that after completion of investigation, charge sheet has been filed on 24.10.2024 by the investigating officer and cognizance has also been taken by the court concerned on 06.11.2024. Applicant is languishing in jail since 08.09.2024 i.e. for last more than eight months. It is further submitted that applicant has given undertaking that he shall abide with all terms and conditions as imposed by this Court. 3. 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. 4. Heard learned counsel for the applicant, learned AGA and perused the contents made in the instant bail application and material available on record. 5. It is admitted fact that the after completion of investigation, charge-sheet has been filed. Applicant is languishing in jail since 08.09.2024 i.e. for last more than eight months and his criminal history has been explained as stated above; undertaking given by learned counsel for applicant that applicant shall abide with all terms and conditions as imposed by this Court; there is no flight risk and 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 then he will influence the trial or the witnesses. 6. Taking into consideration the aforesaid reasons as stated above and without expressing any opinion on the merit of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 7. Let the applicant - Ajay Rajpoot, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- (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. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 14.5.2025 Zafar (Chandra Dhari Singh,J.) Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad