Neutral Citation No. - 2025:AHC:61987 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7198 of 2025 Applicant :- Jitendra Kumar Gond Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Singh,Sri Prakash Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application has been filed on behalf of the applicant under Section 483 of the B.N.S.S., 2023 with a prayer to enlarge the applicant on regular bail in Case Crime No. 352 of 2024, under Sections 309(4), 317(2) of the BNS, Police Station - Sukhpura, District - Ballia during pendency of the trial. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent. He has not committed any offence as alleged in the FIR. He was arrested from his house by the police. He has been falsely implicated in this case due to ulterior motive. Recovery of Rs. 50,000/- has been shown from the possession of the present applicant. It is submitted that recovery has been made without following the procedure prescribed under the law. There is no previous criminal history against the applicant. 3. It is further submitted that the charge sheet has already been filed after completion of the investigation and cognizance has been taken by the court concerned on 27.1.2025. 4. It is next submitted that the applicant is languishing in jail since 18.12.2024 i.e. about 4 months. It is also submitted that there is no chance for completion of trial in near future. 5. It is also submitted that in view of the facts and circumstances of the case, it is prayed on behalf of the applicant that the applicant may be released on bail in the aforesaid crime. It is further undertaken that applicant shall abide by all terms and conditions as imposed by the Court while granting bail. 6. Learned counsel for the State has vehemently opposed the instant bail application and submitted that there is sufficient material on record to connect the present applicant with the offence. However, he could not dispute aforesaid submissions made by the learned counsel for the applicant. 7. Heard learned counsel for the applicant, learned AGA for the State and perused the contents made in the application as well as material available on record. 8. Taking into the aforesaid reasons that the applicant is in jail since 18.12.2024, there is no recovery made from the possession of the applicant, charge sheet has been filed, there is no previous criminal history against the applicant, and without expressing any opinion on the merit of the case, I am inclined to grant bail to the applicant. The bail application is allowed. 9. Let the applicant - Jitendra Kumar Gond, 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 23.4.2025 S.K.S. (Chandra Dhari Singh,J.) Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad