Neutral Citation No. - 2025:AHC:62075 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5898 of 2025 Applicant :- Shiva Alias Shiva Singh Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Pandey,Bhaskar Bhadra,Rajveer Chaurasiya 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.08 of 2025, under Sections 309(6), 317(2) of B.N.S., Police Station - Khanna, District - Mahoba. 2. Learned counsel appearing on behalf of applicant has submitted that the applicant has not committed any offence as alleged in the F.I.R. and he has been falsely implicated due to ulterior motive. He has further submitted that after completion of investigation, charge sheet has been filed on 25.02.2025. The recovery of Rs.3,000/- from possession of the applicant has been shown by the police without following any procedure prescribed under the law. It is also submitted that as per the injury report, as appended at Annexure 3, there is no injury seen to the injured person. It is further submitted that applicant is languishing in jail since 21.01.2025. There is no previous criminal history against the applicant. 3. 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. 4. Per contra, learned A.G.A. appearing on behalf of the State, in advance notice, has vehemently opposed the bail application of applicant but has not contradicted the submissions as stated by learned counsel for applicant during arguments. 5. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 6. Taking into consideration the injury report which is appended as Annexure 3 of the paper book, the injury which has been sustained by the injured person, is not visible, the recovery which has been shown by the police is disputed by learned counsel for applicant as no procedure has been followed which is prescribed under the law, there is no previous criminal history against the applicant and there is no chance to conclude the trial in near future, without expressing any finding or opinion on merits of the case, the applicant is releasing on bail. Accordingly, the bail application is allowed. 7. Let the applicant - Shiva Alias Shiva Singh 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. 8. 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 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