Neutral Citation No. - 2025:AHC:35728 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8466 of 2025 Applicant :- Gaurav Alais Golu Opposite Party :- State of U.P. Counsel for Applicant :- Ram Chandra Solanki Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant and Sri Anupam Anand, learned Brief Holder 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. 18 of 2025, under Sections 305(d), 331(4), 317(2) B.N.S., Police Station Kotwali, District Etawah during the pendency of the trial. 3. Learned counsel for the applicant submits that the applicant was not named in the first information report. On the basis of the information furnished by the informer, five accused including the applicant were arrested on 15.02.2025 and has been falsely implicated in the instant case. False recovery of two statues of Sri Laddoo Gopal, one statue of Sri Radhika Ji and ornaments of yellow and white metals has been shown from the applicant. There is no independent witness to the alleged recovery. At this stage there is no credible evidence to link the applicant with the offence. The applicant is in jail since 15.02.2025 having no criminal history and if he is released on bail, he will not misuse the said liberty. 4. Learned Brief Holder for the State 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. At this stage there is no substantive evidence to link the applicant with the offence. The applicant has no criminal antecedents. Moreover, the applicant has remained confined for almost one month 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- Gaurav @ Golu, 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