Neutral Citation No. - 2025:AHC:66510 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6836 of 2025 Applicant :- Iqbal Opposite Party :- State of U.P. Counsel for Applicant :- Afsana,Zafeer Ahmad 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. 362 of 2024, under Sections 333, 309(6), 317(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Etmaddaula, District Agra, during the pendency of trial. 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. It is submitted that the recovery which was shown from the applicant was made without following the procedure prescribed under law. There are no independent witness of the said recovery. It is also submitted that the applicant has no criminal history and is a person of clean antecedents which has been explained in paragraph 22 of the paper book. It is further submitted that the applicant is languishing in jail since 19.09.2024. It is next submitted that the injuries sustained by the injured are simple in nature. It is submitted that the charge-sheet has been filed on 29.09.2024 before the competent court and the concerned court has taken cognizance on 17.10.2024. 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 as advanced by learned counsel for the applicant. 4. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 5. Taking into consideration of the nature of the offence, recovery memo, injury report and the fact that the charge-sheet has been filed after completion of the investigation and the cognizance has been taken by the competent court, there is no credible evidence to link the applicant with the offence and the fact that the applicant is languishing in jail since 19.09.2024 and all other reasons as stated above, I am inclined to grant bail to the applicant. The bail application is allowed. 6. Let the applicant- Iqbal 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 :- 29.4.2025 Pratima (Chandra Dhari Singh,J.) Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad