Neutral Citation No. - 2025:AHC:67726 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6049 of 2025 Applicant :- Hemu Opposite Party :- State of U.P. Counsel for Applicant :- Om Prakash 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.404 of 2024, under Sections 310(4), 317(2), 317(4) of B.N.S., Police Station - Maudaha, District - Hamirpur. 2. Learned counsel appearing on behalf of applicant has submitted that the present applicant is innocent person and 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 due to ulterior motive. It is further submitted that applicant has been arrested by the police along with other co-accused on information received by informer of police. The recovery of two country made pistol was made from possession of applicant. It is also submitted that there is no independent witness of the said recovery. It is further submitted that four motorcycles have also been recovered from joint possession of co-accused persons. He has further submitted that identically placed co-accused persons, namely, Gopal, Sanjay Ahirwar and Deepak Nishad have already been enlarged on bail by Co-ordinate Bench of this Court vide orders dated 15.01.2025, 19.03.2025 and 19.03.2025, respectively. The bail orders of aforesaid co-accused persons have been produced in Court during arguments. It is also submitted that criminal history of applicant has been explained at paragraph - 26 of paper-book. It is further submitted that after completion of investigation charge sheet has been filed on 23.12.2024 and cognizance has been taken by the court concerned on 03.01.2025. Applicant is languishing in jail since 06.10.2024 i.e. more than six months. 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 but he has not contradicted the aforesaid facts as stated by learned counsel for applicant. 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 06.10.2024 i.e. more than six months, criminal history has already been explained, co-accused persons, namely, Gopal, Sanjay Ahirwar and Deepak Nishad have already been enlarged on bail by Co-ordinate Bench of this Court, charge sheet has been filed and cognizance has been taken, there is no possibility of completion of trial in near future 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 - Hemu, 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