Neutral Citation No. - 2025:AHC:61862 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7117 of 2025 Applicant :- Mangal Batham Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Tiwari,Ganesh Mani Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application has been filed on behalf of the applicant under Section 483 of the B.N.S.S., 2023 with a prayer to enlarge the applicant on regular bail in Case Crime No. 216 of 2024, under Section 309(4), 317(4) BNS, 2023, Police Station - Sikandara, District - Kanpur Dehat during pendency of the trial. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent. He has not committed any offence as alleged in the FIR. He has been falsely implicated in this case due to ulterior motive. Recovery shown from the possession of the applicant is false as there are no independent witness of the alleged recovery. 3. Learned counsel for the applicant has further submitted that the co-accused person namely Nitin Kumar, whose case stands on similar footing to that of the present applicant, has already been granted bail by co-ordinate Bench of this Court vide order dated 13.2.2025. A copy of the bail order has been annexed as Annexure- 6 to the paper book. 4. It is next submitted that the applicant is languishing in jail since 5.12.2024 i.e. more than 4 months. 5. It is also submitted that in view of the facts and circumstances of the case, it is prayed on behalf of the applicant that the applicant may be released on bail in the aforesaid crime. It is further undertaken that applicant shall abide by all terms and conditions as imposed by the Court while granting bail. 6. Learned counsel for the State has vehemently opposed the instant bail application and submitted that there is sufficient material on record to connect the present applicant with the offence. However, he could not dispute that the another co-accused person, whose case stands on similar footing, has already been granted bail by the coordinate bench of this Court as submitted by the learned counsel for the applicant during argument. 7. Heard learned counsel for the applicant, learned AGA appearing on behalf of the State, contents of the affidavit and the material available on record. 8. Taking into consideration the aforesaid reasons and the fact that co-accused person has already been enlarged on bail, and without expressing any opinion on the merit of the case, I am inclined to grant bail to the applicant. The bail application is allowed. 9. Let the applicant - Mangal Batham, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 23.4.2025 S.K.S. (Chandra Dhari Singh,J.) Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad