Neutral Citation No. - 2025:AHC:33479 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8065 of 2025 Applicant :- Krishn Kumar Panchal Opposite Party :- State of U.P. Counsel for Applicant :- Laxmi Narayan Rathour Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant, Sri V.P.Tripathi, learned AGA for the State-respondent and perused the record. 2. The instant bail application under Section 483 BNSS has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 557 of 2024, under Sections 303(2), 317(2), 317(4), 3(5) BNS, Police Station Kotwali Orai, District Jalaun, during the pendency of trial. 3. Counsel for the applicant submits that the applicant was not named in the first information report. The incident is alleged to have occurred on 19.07.2024. The first information report has been lodged on 10.08.2024. The delay is fatal to the prosecution case. The applicant was arrested on 12.08.2024 along with five other co- accused and has been falsely implicated in the instant case. False recovery of two motorcycles have been shown from the joint possession of the applicant and other co-accused. There is no independent witness to the alleged recovery. It is next contended that identically placed co-accused Sumit has been granted bail by the Additional District & Sessions Judge, Jalaun at Orai vide order dated 04.10.2024 passed in Bail Application No. 1339 of 2024 (Sumit Vs. State of U.P.). Criminal history of the applicant has been explained in para 7 of the affidavit. The applicant is in jail since 12.08.2024 and in case he is enlarged on bail, he will not misuse the said liberty. 4. Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. 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. The first information report has been lodged belatedly. There is no independent witness to the alleged recovery. Identically placed co-accused Sumit has been granted bail by the Additional District & Sessions Judge, Jalaun at Orai. The applicant has remained confined for more than six months and 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 the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant Krishn Kumar Panchal, involved in the aforesaid case be released on bail on his furnishing a personal bond and two 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. 7. 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 :- 7.3.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad