Neutral Citation No. - 2025:AHC:32266 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8051 of 2025 Applicant :- Hemant Opposite Party :- State of U.P. Counsel for Applicant :- Sangeeta Shukla,Sushil Kumar Chaturvedi 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. 49 of 2025, under Sections 310(2), 317(3) BNS, Police Station Chhata, District Mathura, during the pendency of trial. 3. Counsel for the applicant submits that the applicant was not named in the first information report. The applicant was arrested on 31.01.2025 in Case Crime No. 0053 of 2025, under Section 109 BNS and Sections 3/25/27 Arms Act, Police Station Chhata, District Mathura and has been falsely implicated in the instant case. False recovery of three live cartridges, one ATM card, one driving licence and other items have been shown from the applicant. There is no independent witness to the alleged recovery. Recovery of Rs. 3,800/- has also been shown from the applicant. The said Indian currency belongs to him. The applicant is in jail since 31.01.2025 having no criminal history 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. There is no independent witness to the alleged recovery. The applicant has no criminal antecedents. The applicant has remained confined for more than one month 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 Hemant, 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 :- 6.3.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad