Neutral Citation No. - 2025:AHC:35437 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8501 of 2025 Applicant :- Tasleem Opposite Party :- State of U.P. Counsel for Applicant :- Salman Ahmad Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Supplementary affidavit filed by counsel for the applicant is taken on record. 2. Heard counsel for the applicant and learned AGA for the State- opposite party. Perused the record. 3. The instant bail application under Section 483 B.N.S.S. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 722 of 2023, under Sections 457, 380, 411/34 I.P.C., Police Station Kotwali Orai, District Jalaun, during the pendency of the trial. 4. Counsel for the applicant submits that the applicant was not named in the first information report. The applicant was arrested on 07.10.2023 along with six co-accused in Case Crime No.0235 of 2023, under Sections 25, 3 of Arms Act and 307, 34, 380, 399, 402, 411, 457 I.P.C., P.S. Kuthaund, District Jalaun and has been falsely implicated in the present case. False recovery of a country made pistol, two live cartridges, Rs.25,000/- and two mobile phones has been shown from the applicant. There is no independent witness to the alleged recovery. It is next contended that identically placed co-accused Farman has been granted bail by this Court vide order dated 26.4.2024 passed in Criminal Misc. Bail Application No.16259 of 2024. The criminal history of the applicant has been explained in paragraph nos.24 and 25 of the bail application and in paragraph no.3 of supplementary affidavit. The applicant is in jail since 07.10.2023 and in case, he is enlarged on bail, he will not misuse the said liberty. 5. Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having heard counsel for the parties and having perused the record this Court prima facie finds that the applicant was not named in the First Information Report. There is no independent witness to the alleged recovery. Identically placed co-accused Farman has been granted bail by this Court. Further, the applicant has remained confined for more than five months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 7. Let the applicant Tasleem, involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; (iii) shall not pressurize the prosecution witnesses. 8. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 11.3.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad