Neutral Citation No. - 2025:AHC:60971 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6733 of 2025 Applicant :- Chandan Alias Sumit Alias Satveer Opposite Party :- State of U.P. Counsel for Applicant :- Sudhir Kumar Agarwal 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.266 of 2024, under Sections 392, 420, 465, 120-B of I.P.C., Police Station - Nai Mandi, District - Muzaffar Nagar. 2. Learned counsel appearing on behalf of applicant has submitted that the present applicant is innocent and he has been falsely implicated in the present case. He has also submitted that the applicant is not named in the F.I.R. It is further submitted that police arrested three persons including the applicant on 11.07.2024 in Case Crime No. 0590 of 2024, under Sections 309(4), 318, 336, 338, 248, 217(a), 111, 3(5), 109 of B.N.S. and Section 3/25 of Arms Act, Police Station- Kotwali Lalitpur, District- Lalitpur and has been falsely implicated in the instant case. False recovery of a country made pistol, two live cartridges, Adhar cards and Rs.25,070/- cash has been shown from the possession of applicant. There is no independent witness to the alleged recovery. The recovered amount cannot be connected with the offence. Applicant is languishing in jail since 11.07.2024. He has further submitted that the identical placed co-accused, Anuj Kumar alias Max Banjara alias Akash has already been enlarged on bail by Co- ordinate Bench of this Court and his bail order has been produced during arguments. It is further submitted that after completion of investigation, charge sheet has been filed on 10.09.2024 and cognizance has already been taken against the applicant on 11.09.2024. 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 A.G.A. appearing on behalf of the State, in advance notice, has vehemently opposed the bail application of applicant but he has not disputed the submissions advanced by learned counsel for the applicant. 5. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 6. I have perused the bail order of co-accused in the present case. 7. These facts have not been contradicted by learned AGA appearing on behalf of the State that applicant is not named in the F.I.R., there is no criminal history against the applicant, charge sheet has already been filed and cognizance has also been taken by the concerned court, applicant is languishing in jail for more than nine months, there is no chance of completion of trial in near future and co-accused, Anuj Kumar alias Max Banjara alias Akash has already been enlarged on bail. 8. Taking into consideration all the entirety of the matter as discussed above, without expressing any finding or opinion on merits of the case, the applicant is releasing on bail. Accordingly, the bail application is allowed. 9. Let the applicant - Chandan Alias Sumit Alias Satveer, 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. 10. 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 :- 22.4.2025/Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad