Neutral Citation No. - 2025:AHC:69644 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6359 of 2025 Applicant :- Manish Agrawal Opposite Party :- State of U.P. Counsel for Applicant :- Mahendra Tripathi Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Mahendra Tripathi, learned counsel for the applicant and Sri Birendra Pratap Singh, learned counsel for the State and perused the material on records. 3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Manish Agrawal, seeking enlargement on bail during trial in connection with Case Crime No. 11 of 2025, under Sections 111(2)(B) B.N.S. and 3/7 Essential Commodities Act, Police Station Achhnera, District Agra. 4. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that the allegation against the applicant is that 263.5 quintal of rice has been recovered from the go-down which was packed in plastic bags and was stitched by hand. A total number of bags as counted were found to be 527. It is submitted that the applicant is a dealer of rice and had purchased rice from small and petty business persons. It is submitted that the applicant has been falsely implicated in the present case without any credible evidence against him. While placing paragraph 14 of the affidavit it is submitted that the applicant is involved in three cases but in all the three cases he is on bail, the copy of bail orders have been annexed as Annexure-4 to the affidavit. The applicant is in jail since 21.01.2025. 5. Per contra, learned counsel for the State opposed the prayer for bail. 6. After having heard learned counsel for the parties and perusing the record, it is evident that rice packed in plastic bags which were hand stitched have been recovered which are stated to have been purchased from petty businessman. 7. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 8. Let the applicant- Manish Agrawal, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 B.N.S.S., 2023 may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 209 B.N.S., 2023. (v) 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 351 B.N.S.S., 2023. 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 and the trial court may proceed against him under Section 269 B.N.S., 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 9. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 10. The bail application is allowed. 11. Pending application (s), if any, shall stand disposed of. Order Date :- 2.5.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad