Neutral Citation No. - 2025:AHC:79911 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6877 of 2025 Applicant :- Deepak Kumar @ Betu Opposite Party :- State of U.P. Counsel for Applicant :- Raj Kumar Yadav,Rohit Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application has been filed by applicant under Section 483 of B.N.S.S., seeking bail in Case Crime No.566 of 2024, under Sections 317(2), 318(4), 338, 336(3), 340(2) B.N.S., 2023, Police Station - Dhoomangaj, District - Prayagraj, during the pendency of trial. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and he has not committed any offence as alleged in the FIR and he has been falsely implicated in the present case due to ulterior motive. It is further submitted that while applicant was arrested alongwith other co-accused then it is alleged that one lady purse and three mobile phones were recovered from the possession of the applicant but the said recovery was shown without following the procedure prescribed in the law and even there is no independent witness of the same. It is further submitted that co-accused Abhishek Kumar Alias Bhaya has already been enlarged on bail by the Co-ordinate Bench of this Court vide order dated 13.05.2025 passed in Criminal Misc. Bail Application No.8578 of 2025. It is further submitted that however, apart from the present case, applicant is having criminal history of two other cases but his criminal history has been explained in para 2 and 3 of the supplementary affidavit filed in support of the instant bail application. Applicant is languishing in jail since 12.12.2024 i.e. for last more than five months. It is further submitted that applicant has given undertaking that he shall abide with all terms and conditions as imposed by this Court. 3. Per contra, learned AGA vehemently opposed the bail application of applicant, but he has not contradicted the facts as stated by learned counsel for the applicant during arguments. 4. Heard learned counsel for the applicant, learned AGA and perused the contents made in the instant bail application and material available on record. 5. It is admitted fact that applicant is languishing in jail since 12.12.2024 i.e. for last more than five months and his criminal history of two cases has been explained as stated above and recovery, as shown by the police, was disputed by learned counsel for the applicant during arguments; co-accused Abhishek Kumar Alias Bhaya has already been enlarged on bail by the Co-ordinate Bench of this Court; undertaking given by learned counsel for applicant that applicant shall abide with all terms and conditions as imposed by this Court; there is no possibility of completion of trial in near future; at this stage, there is no credible evidence on record to connect the applicant with the instant crime and there is no material brought by learned AGA to establish that if applicant would be enlarged on bail then he will influence the trial or the witnesses. 6. Taking into consideration the aforesaid reasons as stated above and without expressing any opinion on the merit of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 7. Let the applicant - Deepak Kumar @ Betu, 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. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 14.5.2025 Zafar (Chandra Dhari Singh,J.) Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad