Neutral Citation No. - 2025:AHC:60882 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6818 of 2025 Applicant :- Sanny Tomar Opposite Party :- State of U.P. Counsel for Applicant :- Amit Rana 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. 347 of 2024, under Sections 109, 333, 3(5) of the Bharatiya Nyaya Sanhita, 2023, Police Station Nehtaur, District Bijnor during the trial of the case. 2. Learned counsel for the applicant has submitted that the applicant was not named in the FIR and has been falsely implicated in the present case. The name of the applicant was disclosed by co-accused namely Lalit in his statement. The role has been assigned to the co-accused Lalit who stated in his statement that the present applicant was standing on the gate only for giving signal whether any person are coming in the house.The offence was committed by co-accused Lalit. It is also submitted that the co-accused Lalit who has caused injuries to the injured persons has already been granted bail by this Court vide order dated 06.01.2025. The co-accused Surabhi who was catching hold of the injured persons has also been enlarged on bail by the Co- ordinate Bench of this Court vide order dated 17.12.2024. The present applicant is on the better footing. It is further submitted that the applicant is languishing in jail since 03.12.2024. The charge sheet has been filed on 2.01.2024. There are no chance of completion of trial in near future. It is next submitted that the applicant has criminal history of one case which has been duly explained in paragraph 17 of the paper book. Learned counsel for the applicant undertakes that the applicant shall abide by all terms and conditions imposed by this Court while granting the bail. He has prayed for enlarging the applicant on bail. 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. It is admitted fact that the applicant was not named in the FIR. His name come into picture in the statement of co-accused Lalit. The co-accused Lalit and Surabhi have already been granted bail by the Co-ordinate Bench of this Court vide order dated 06.01.2025 and 17.12.2024 respectively. The applicant is languishing in jail since 03.12.2024. The charge sheet has been filed on 2.01.2024. There are no chance for completion of the trial in the near future. The applicant has also given undertaking that he shall abide by all terms and conditions imposed by this Court while granting the bail. Taking into consideration all entirety of the matter as discussed above, I am inclined to grant bail to the applicant. The bail application is allowed. 6. Let the applicant- Sanny Tomar 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 Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad