Neutral Citation No. - 2025:AHC:35700 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8562 of 2025 Applicant :- Faizan Opposite Party :- State of U.P. Counsel for Applicant :- Anand Prakash Dubey,Prashant Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant and Sri V.P. Tripathi, 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. 7 of 2025, under Sections 303(2), 317(2), 317(4), 317(5) B.N.S., Police Station Dehli Gate, District Meerut during the pendency of the trial. 3. Learned counsel for the applicant submits that the incident is alleged to have occurred on 04.01.2025. The first information report was lodged on 11.01.2025. The delay is fatal to the prosecution case. The applicant was not named in the first information report. The applicant was arrested along with three co- accused and has been falsely implicated in the instant case. False recovery of six e-rickshaws, six batteries and three motors of e- rickshaws has been shown from the joint possession of the applicant and other co-accused. There is no independent witness to the alleged recovery. In the first information report and in the statement of the informant engine and chasis numbers of alleged e- rickshaws have not been disclosed. The recovered e-rickshaws, batteries and motors cannot be connected with the alleged incident. Prior to the instant case the applicant does not have any criminal history, however, after his arrest he has been implicated in other cases. The applicant is in jail since 12.01.2025 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 the applicant was not named in the first information report. There is no independent witness to the alleged recovery. Moreover, the applicant has remained confined for almost two months and 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. Let the applicant- Faizan, 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 :- 11.3.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad