Neutral Citation No. - 2025:AHC:72266 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6980 of 2025 Applicant :- Salman Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Kumar 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. 09 of 2025, under Sections 309(4), 317(2), 61(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Arniya, District Bulandshahr during the trial of the case. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and has not committed any offence as alleged in the F.I.R. He has been falsely implicated in the instant case due to ulterior motive. It is also submitted that the applicant was not named in the FIR. His name was disclosed in the statement of co-accused persons. It is further submitted that the recovery of stolen property which has been shown from the applicant is false and fabricated and without following the procedure prescribed under law. There are no independent witness of the aforesaid recovery. It is next submitted that the applicant is languishing in jail since 12.01.2025. There are one criminal history against the applicant which has been explained in paragraph 21 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. Per contra, learned counsel appearing on behalf of State who has accepted notice in advance vehemently opposed the instant bail application but not contradicted the argument advanced by learned counsel for the applicant. 4. Heard learned counsel for the applicant as well as Sri Rakesh Kumar Mishra, learned AGA for the State and perused the record. 5. The applicant is languishing in jail since 12.01.2025. There are only one criminal history against the applicant which has been explained in para 21 of the paper book. The applicant is not habitual offender. I have perused the case diary and after perusal of the case diary, I do not find any substantial material on record to link the applicant in the instant offence. It is not brought in the notice of the Court that if the applicant grants bail, he may influence the trial and not cooperate with the trial and it is also undertaken by the applicant that the applicant shall abide by all terms and conditions as imposed by this Court. 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- Salman 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 :- 6.5.2025 Pratima (Chandra Dhari Singh,J.) Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad