Neutral Citation No. - 2025:AHC:72966 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7634 of 2025 Applicant :- Vijay @ Baja Opposite Party :- State of U.P. Counsel for Applicant :- Atul Kumar Kushwaha,Vikas Srivastava Counsel for Opposite Party :- G.A.,Vijay Kumar,Vimal Kant Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, Sri Chandan Singh the learned A.G.A. for the State, Sri Vijay Kumar learned counsel for the informant and perused the entire material available on record. 2. The applicant-Vijay alias Baja has filed the instant bail application with a prayer to enlarge him on bail in Crime No.293 of 2024, under Sections 303 (2), 318(4), 317(2) B.N.S., Police Station Titavi, District Muzaffar Nagar, during the pendency of the trial. 3. The prosecution story in brief is that on 15.11.2024 at about 03:07 P.M., the informant had gone to A.T.M., to check his balance and when he was drawing his balance slip, another person was standing behind him, who asked him to take his slip and in the meantime, he had changed his A.T.M. and had given a forged A.T.M. to the informant. That person has withdrawn petty petty amount totalling to Rs. 8,50,000/- On 06.12.2024 he had received a debit message of Rs. 25,000/- Rs. 15,000/- Rs. 10,000/- on suspicion, he went to check his ATM balance but his ATM shown blocked. On conversation with the Customer Care Manager, it was made known that his ATM card has been changed. 4. Learned counsel for the applicant submits that the incident is alleged to occurred between 15.11.2024 to 06.12.2024 and that the F.I.R. was lodged on 10.12.2024 without there being any plausible explanation of such an inordinate delay. He further submits that the applicant was not named in the F.I.R. and his name surfaced in the confessional statement of the co-accused Vikas and that the applicant has not committed any offence. Learned counsel further submits that the alleged recovered money belongs to the applicant and on the date of incident, the applicant was going to pay the advance in respect of purchase of plot, thus the applicant has been falsely implicated in the present case due to ulterior motive. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 22.01.2025.It is thus contended that the applicant is entitled for bail. 5. On the other hand, learned A.G.A. for the State as well as learned counsel for the informant have contended that there is specific allegation against the applicant. Learned counsel for the informant further argued that perusal of the recovery memo shows that from the possession of the applicant in a hand bag, cash of Rs. 1 lacks and in another 30 A.T.Ms. of different banks were recovered, which itself shows that the applicant is involved in commission of alleged offence, which has been reduced in writing in CD-14. 6. Keeping in view submissions of learned counsel for the parties, gravity of offence, nature of allegations and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, I do not find any good reason to exercise my discretion in favour of the accused-applicant. 7. Accordingly, the bail application stands rejected. Order Date :- 6.5.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad