Neutral Citation No. - 2025:AHC:78097 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7064 of 2025 Applicant :- Shadman Opposite Party :- State of U.P. Counsel for Applicant :- Haya Rizvi,Ifra Fatima 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. 402 of 2024, under Sections 331 (4), 305 of B.N.S., Police Station Kotwali Nagar, District Muzaffar Nagar. 2. Learned counsel appearing for 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 his arrest by the police alongwith other co-accused persons on the information given by the informant. Learned counsel further submitted that some ornaments of white metal and Rs. 8,700/- are alleged to have been recovered from the possession of the applicant. Learned counsel further submitted that police has falsely implicated the applicant in several cases. It is also submitted that there are no credible evidence available on record to connect the applicant. The recovery which has been shown from the possession of the applicant has been made without following the procedure prescribed under law. There are no independent witness of the alleged recovery. There are 18 cases criminal history against the applicant which has been explained in paragraph no.13 of the affidavit filed in support of bail application as well as in paragraph no.2 of the supplementary affidavit. Investigation has been completed and charge sheet has been filed on 30.01.2025 before the competent Court.Applicant is languishing in jail since 09.12.2024 i.e. more than five months. Learned counsel appearing on behalf of applicant also undertaken 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 by contending that applicant is a habitual offender. There are 18 cases criminal history of the applicant and therefore, the applicant is not entitled for any leniency and prayed for dismissal of the instant application. 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. It is admitted fact that applicant is languishing in jail since 09.12.2024. Criminal history of the applicant has already been explained as stated above. Charge sheet has already been filed after completion of investigation. There are no independent witness of the said recovery. After perusal of the case diary, it is established that applicant was implicated in those cases where F.I.R. has been lodged against unknown persons. Perusal of case diary goes to show that there are no credible evidence to connect the applicant in the aforesaid offence at this stage. There are very dim chance of completion 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. 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- Shadman, 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