Neutral Citation No. - 2025:AHC:79856 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6783 of 2025 Applicant :- Bhura Tomar Opposite Party :- State of U.P. Counsel for Applicant :- Prem Chandra Dwivedi 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.21 of 2025, under Sections 310(2), 317(3) B.N.S., Police Station - Fatehabad, District - Agra, during the pendency of trial. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is not named in the FIR and his name was disclosed through the confessional statement of the co- accused. It is further submitted that no recovery was made either from the possession or pointing out of the applicant. It is further submitted that other co-accused namely Raja, Aryan Shukla Alias Gunnu and Jitendra Singh @ Jeetu have already been enlarged on bail by the different Co-ordinate Benches of this Court vide orders dated 29.04.2025, 06.05.2025 and 04.04.2025 passed in Criminal Misc. Bail Application Nos.4235 of 2025, 5315 of 2025 and 4940 of 2025, respectively. It is further submitted that however, apart from the present case, applicant is having criminal history of eight other cases but his criminal history has been explained in para 11 of the affidavit and para 2 of the supplementary affidavit filed in support of the instant bail application. Applicant is languishing in jail since 05.02.2025. 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 other three co-accused, as stated above, have already been enlarged on bail and applicant is languishing in jail since 05.02.2025 i.e. for last more than three months and criminal history has been explained by the applicant as stated above; no recovery was made either from the possession or pointing out of the applicant; undertaking given by learned counsel for applicant that applicant shall abide with all terms and conditions as imposed by this Court; there is no flight risk and there is no possibility of completion of trial in near future 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 - Bhura Tomar, 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