Neutral Citation No. - 2025:AHC:78119 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7020 of 2025 Applicant :- Bhure Khan Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. Instant application filed under Section 483 of B.N.S.S seeking bail in Case Crime No. 308 of 2024, under Sections 395, 324 I.P.C., Police Station Mundhapandey, District Moradabad. 2. Learned counsel appearing on behalf of the applicant submitted that applicant is innocent and he has not committed any offence as alleged in the first information report. He has been falsely implicated in the instant case due to ulterior motive. Learned counsel further submitted that applicant was not named in the first information report and his name was disclosed on the statement of informant recorded under Section 161 Cr.P.C. It is further submitted that there are no recovery of looted property either from the possession of applicant or on his pointing out. Learned counsel further submitted that co-accused persons namely Suleman and Muslim who were named in the F.I.R. and from whose possession the stolen property was recovered, have already been granted bail by the co-ordinate Bench of this Court vide order dated 15.10.2024 and 10.01.2025 respectively. Learned counsel further submitted that after completion of investigation, charge sheet has been filed on 07.09.2024 and cognizance has been taken on 30.09.2024. Learned counsel further submitted that applicant is languishing in jail since 30.06.2024 i.e. about more than 10 months. Learned counsel further submitted that applicant has one case criminal history which has been explained in the affidavit filed in support of bail application. Learned counsel further submitted that there are very dim chance of conclusion of trial in near future. It is also undertaken on behalf of applicant that he will abide by all terms and conditions as imposed by this Court while granting bail. 3. Per contra, learned A.G.A. appearing on behalf of State vehemently opposed the instant bail application but he has not contradicted the facts as stated above by learned counsel for the applicant. 4. Heard learned counsel for the applicant as well as learned A.G.A. appearing on behalf of the State in advance notice and perused the contents made in the first information report as well as material placed on record. 5. Applicant is languishing in jail since 30.06.2024. After completion of investigation charge sheet has been filed and cognizance has been taken by the competent Court. Criminal history of one case has been explained in the paper book. Other co- accused namely Suleman and Muslim who were named in the F.I.R. and from whose possession the stolen property was recovered, have already been granted bail by the co-ordinate Bench of this Court vide order dated 15.10.2024 and 10.01.2025 respectively. There are very dim chance of conclusion of trial in near future. Applicant is permanent resident of address mentioned in the memo of bail application. It is also undertaken on behalf of applicant that he will abide by all terms and conditions as imposed by this Court while granting bail. 6. Taking into consideration the aforesaid reasons as stated above, without expressing any opinion on the merits of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 7. Let the applicant-Bhure Khan, 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. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 13.5.2025 AKT (Chandra Dhari Singh, J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad