Neutral Citation No. - 2025:AHC:67019 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5908 of 2025 Applicant :- Nazim Opposite Party :- State of U.P. Counsel for Applicant :- Ankit Agarval,Ansar Ahmad 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.06 of 2025, under Sections 123, 303(2), 61(2), 317(2) of B.N.S., Police Station - Gulaothi, District - Bulandshahr. 2. Learned counsel appearing on behalf of applicant has submitted that the present applicant is innocent person and he has not committed any offence as alleged in the F.I.R. It is also submitted that applicant was not named in the F.I.R. and he has been falsely implicated in the present case. It is further submitted that name of applicant had been disclosed in the statement of co-accused, Sajid. It is also submitted that the recovery which has been shown by the police of Rs.8,500/- is without any independent witness and without following the procedure prescribed under the law. He has further submitted that identically placed co-accused persons, namely, Sajid and Shahid have already been enlarged on bail by trial court. The bail orders of aforesaid co-accused persons are appended as Annexure - 2 of the paper book. It is also submitted that criminal history of six cases have already been explained at paragraph - 24 of paper-book. It is further submitted that investigation is still going on. Applicant is languishing in jail since 16.01.2025. 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 AGA vehemently opposed the bail application of applicant and has submitted that applicant was the person who had taken away the Container (Truck). Learned AGA has not contradicted the fact that other co-accused persons, who were not named in the F.I.R., have already been granted bail by trial court. 5. Heard learned counsel for the applicant as well as learned AGA for the State and perused contents made in the bail application and material on record. 6. It is admitted fact that the applicant is languishing in jail since 16.01.2025 i.e. about four months, criminal history of six cases has already been explained, co-accused persons, namely, Sajid and Shahid have already been granted bail by trial court, investigation is still going on, therefore, there is no possibility of completion of trial in near future, applicant is the resident of Bhatta Colony, near Mazid, near new Mandi, Police Station - Kotwali Dehat, District Bulandshhr, there is no chance of flight risk of applicant to flee from the district and the undertaking given by learned counsel for applicant that applicant shall abide by all terms and conditions as imposed by this Court. 7. Taking into consideration all the entirety of the matter and other reasons as stated above, without expressing any finding or opinion on merits of the case, the applicant is releasing on bail. Accordingly, the bail application is allowed. 8. Let the applicant - Nazim, 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. 9. 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 :- 30.4.2025/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