Neutral Citation No. - 2025:AHC:60694 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6801 of 2025 Applicant :- Hemant Alias Hemu Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, seeking enlargement on bail in Case Crime No. 282 of 2024, under Sections 310(2), 317(3) of the Bharatiya Nyaya Sanhita, 2023, Police Station Malpura, District Agra during the pendency of trial. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant was not named in the FIR. The applicant was arrested on 06.08.2024 along with four co-accused and has been falsely implicated in the instant case. False recovery of a country made pistol and two live cartridges has been shown from the joint possession of the applicant. There is no independent witness to the alleged recovery. Recovery of Rs.3100 was also shown from the applicant. The co-accused Vivek Agrawal, Shrawan and Govind Mishra on the similar footing have already been granted bail by the Co-ordinate Bench of this Court vide order dated 16.10.2024, 12.12.2024 and 17.02.2025 respectively. It is submitted that the appellant is entitled to be released on bail on the ground of parity. 3. Learned counsel appearing on behalf of the State has opposed the prayer for bail but could not deny the submissions advanced by learned counsel for the applicant. 4. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 5. Considering the arguments advanced by learned counsel for the appellant and learned AGA, the facts and circumstances of the case, nature of the offence, evidence appearing in the case, complicity of the accused, the fact that co-accused Vivek Agrawal, Shrawan and Govind Mishra on the similar footing have already been granted bail by the Co-ordinate Bench of this Court vide order dated 16.10.2024, 12.12.2024 and 17.02.2025, the fact that the applicant is languishing in jail since 06.08.2024 but without expressing any opinion on the merits of the case, this Court is of the opinion that the appellant has made out a case for bail. The bail application is allowed. 6. Let the applicant- Hemant @ Hemu who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 22.4.2025 Pratima Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad