Neutral Citation No. - 2025:AHC:29697 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7234 of 2025 Applicant :- Anuj Kumar Alias Max Banjara Alias Akash Opposite Party :- State of U.P. Counsel for Applicant :- Sudhir Kumar Agarwal Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant, Sri V.P. Tripathi, learned AGA for the State and perused the record. 2. The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 266 of 2024, under Sections 392, 420, 465 I.P.C., Police Station- Nai Mandi, District- Muzaffar Nagar, during pendency of the trial. 3. Counsel for the applicant contends that the applicant was not named in the first information report. The applicant along with two co-accused were arrested 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, a live cartridge, two Adhar cards and Rs. 19,150/- has been shown from the applicant. There is no independent witness to the alleged recovery. The recovered amount cannot be connected with the offence. At this stage, except the confessional statement of the applicant in Police custody, there is no credible evidence against him. Prior to the instant case the applicant does not have any criminal history, however after his arrest he has been implicated in other cases. The applicant is in jail since 11.07.2024 and in case, he is enlarged on bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid facts from the record. 5. Having heard learned counsel for the parties and having perused the record this Court prima facie finds that the applicant was not named in the first information report. There is no independent witness to the alleged recovery. Except the confessional statement of the applicant in Police custody, at this stage, there is no substantive evidence against him. Further, the applicant has remained confined for more than seven months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant, Anuj Kumar Alias Max Banjara Alias Akash involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not temper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; and, iii. the applicant shall appear on each and every date fixed by the trial court. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 3.3.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad