Neutral Citation No. - 2025:AHC:35022 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6251 of 2025 Applicant :- Abhay Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Akash Mishra Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant, Sri S.S.Srivastava, learned AGA for the State-respondent and perused the record. 2. The instant bail application under Section 483 BNSS has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 144 of 2024, under Sections 392, 411 IPC, Police Station Ekdil, District Etawah, during the pendency of trial. 3. Counsel for the applicant submits that the applicant was not named in the first information report. The applicant was arrested on 22.05.2024 along with two other co-accused and has been falsely implicated in the instant case. In the statement of the informant, the engine and chassis number of the alleged auto/vehicle was not disclosed. False recovery of an Auto has been shown from the joint possession of the applicant and other two co- accused. There is no independent witness to the alleged recovery. The recovered auto cannot be connected with the offence. Recovery of Indian currency of Rs. 130/- has also been shown from the personal possession of the applicant. The said amount belongs to him. The criminal history of the applicant has been explained in para no. 15 of the affidavit. The applicant is in jail since 23.05.2024, in case he is enlarged on bail, he will not misuse the said liberty. 4. Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record this Court prima facie finds that the applicant was not named in the first information report. There is no independent witness to the alleged recovery. At this stage, there is no substantive evidence to link the applicant with the offence. Further, the applicant has remained confined for more than nine months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant Abhay Yadav, involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; (iii) shall not pressurize the prosecution witnesses. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 10.3.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad