Neutral Citation No. - 2025:AHC:35741 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8538 of 2025 Applicant :- Ankit Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant and learned AGA for the State- opposite party. 2. The instant bail application under Section 483 of B.N.S.S. has been filed with the prayer to enlarge the applicant on bail in Case Crime No.03 of 2025, under Sections 305(e), 331(4), 317(2) of B.N.S., Police Station Lavedi, District Etawah, during the pendency of the trial. 3. Counsel for the applicant contends that the applicant was not named in the First Information Report. The applicant was arrested in Case Crime No.04 of 2025, under Section 109 of B.N.S. and Sections 3/25/27 of Arms Act and has been falsely implicated in the instant case. False recovery of a country made pistol, an empty cartridge and two live cartridges has been shown from the applicant. Further, from the pointing out of applicant and other co- accused, six batteries and other articles has been shown. The alleged recovery is false and planted. There is no independent witness to the alleged recovery. The applicant has been granted bail in Case Crime No.04 of 2025 by the court of Sessions Judge, Etawah vide order dated 20.02.2025 passed in Bail Application No.341 of 2025 (Ankit vs. State of U.P.). At this stage, there is no credible evidence to link the applicant with the offence. Prior to the instant case, the applicant was not having any criminal antecedents, however, after his arrest he has been implicated in other cases. The applicant is in jail since 31.01.2025 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 been granted bail in Case Crime No.04 of 2025 by the court of Sessions Judge, Etawah. At this stage, there is no substantive evidence to link the applicant with the offence. Further, 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 merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant Ankit, involved in the aforesaid case crime 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 :- 11.3.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad