Neutral Citation No. - 2025:AHC:31568 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7630 of 2025 Applicant :- Kanhaiya Lal Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned A.G.A. for the State-opposite party. 2. 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. 840 of 2024, under Sections 303(2), 317(2), 317(4), 317(5), 318(4), 338, 336(3) B.N.S., Police Station Kotwali Orai, District Jalaun during the pendency of the trial. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. False recovery of a motorcycle has been shown from the joint possession of the applicant and co-accused Gopal. Recovery of three other motorcycles has also been shown at the pointing out of the applicant. There is no independent witness to the alleged recovery. The alleged recovery is false and planted. The case is triable by the Magistrate. For the offence alleged, the maximum punishment provided is seven years. The criminal history of the applicant has been explained in Paragraph-9 of the affidavit. The applicant is in jail since 23.12.2024 and if he is released on bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that there is no independent witness to the alleged recovery. The case is triable by the Magistrate. For the offence alleged, the maximum punishment provided is seven years. Moreover, the applicant has remained confined for more than two months and after submission of the charge-sheet there is no hope of early conclusion of trial, and 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, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. 6. Let the applicant- Kanhaiya Lal, 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 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; and, (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 :- 5.3.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad