Neutral Citation No. - 2025:AHC:36100 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8600 of 2025 Applicant :- Sanjay Singh Opposite Party :- State of U.P. Counsel for Applicant :- Swati Agrawal Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant and Sri Neeraj Kumar Sharma, learned AGA for the State-opposite party. Perused the record. 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.251 of 2024, under Sections 303(2), 318(4), 317(2) of B.N.S., Police Station Chhapar, District Muzaffarnagar, during the pendency of the trial. 3. Counsel for the applicant submits that the applicant was not named in the First Information Report. On the basis of information furnished by the informer, the applicant was arrested after more than five months of the alleged incident and has been falsely implicated in the present case. The applicant was not identified on the basis of C.C.T.V. footage. False recovery of ten A.T.M. cards has been shown from the applicant. There is no independent witness to the alleged recovery. The A.T.M. card of the informant was not recovered from the possession of the applicant. Recovery of Indian currency of Rs. 25,000/- has also been shown from the applicant. The said amount belongs to him. No test identification parade was got conducted by the Police authorities. The recovered A.T.M. cards cannot be connected with any offence. At this stage, there is no credible evidence to link the applicant with the offence. The applicant is in jail since 05.02.2025 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. No test identification parade was got conducted by the Police authorities. At this stage, there is no substantive evidence against the applicant. Further, the applicant has no criminal antecedents and 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 Sanjay Singh, 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 :- 12.3.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad