Neutral Citation No. - 2025:AHC:70555 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6471 of 2025 Applicant :- Irshad Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Mishra,Krishna Kant Tiwari Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application has been filed under Section 483 of BNSS, seeking regular bail in Case Crime No. 509 of 2024, under Sections 331(4), 305 & 317(2) BNS, Police Station - Kotwali, District - Fatehpur during the pendency of the trial. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case due to ulterior motive. It is further submitted that recovery which has been shown by the police is illegal as it has been made without following procedure prescribed under the law. There is no independent witness of the said recovery. Criminal history of 9 cases against the applicant has duly been explained in paragraph no. 14 of the paper book and in all the cases, the applicant has been released on bail by the Court below. Charge sheet has been filed on 5.1.2025 and cognizance has been taken by the competent court on 11.2.2025. 3. It is further submitted that the applicant is languishing in jail since 5.12.2024 i.e. more than 5 months. There is dim chance of conclusion of trial in near future. It is also undertaken on behalf of the applicant that he shall abide by all terms and conditions as imposed by the Court while granting bail. 4. Per contra, learned AGA appearing on behalf of the State has vehemently opposed the instant bail application but he has not contradicted the aforesaid facts as stated by the learned counsel appearing on behalf of applicant during argument. 5. Heard learned counsel for the applicant, learned AGA and perused the material available on record. 6. It is admitted fact that the applicant is in jail since 5.12.2024 i.e. more than 5 months, criminal history of the applicant has been explained in paragraph no. 14 of the paper book, recovery shown by the police is illegal, there is no independent witness of the said recovery, charge sheet has been filed and cognizance has been taken, and there is dim chance of conclusion of trial in near future. 7. In view of above reasons, without expressing any finding or opinion on the merit of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 8. Let the applicant - Irshad, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- (Rupees 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 the 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 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of 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. Order Date :- 2.5.2025 S.K.S. (Chandra Dhari Singh,J.) Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad