Neutral Citation No. - 2025:AHC:75192 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9124 of 2025 Applicant :- Ketan Dubey Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant application has been filed under Section 483 of the BNSS, 2023 for seeking bail in Case Crime No. 44 of 2024 under sections 115(2), 352, 351(2), 304, 109 BNS, Police Station - Badshahinaka, District – Kanpur Nagar during pendency of the trial. 2. Learned counsel appearing on behalf of the applicant submitted that the applicant is innocent and has not committed offence as alleged in the FIR. He has been falsely implicated due to ulterior motive. It is submitted that one person has been injured in the said incident and he has sustained injury which are simple in nature. The applicant is in jail since 23.1.2025. One criminal history of the applicant has been explained in paragraph no. 2 of the supplementary affidavit. Charge sheet has been filed on 7.2.2025. 3. It is also submitted that in view of the facts and circumstances of the case, it is prayed on behalf of the applicant that the applicant may be released on bail in the aforesaid crime. It is further undertaken that applicant shall abide by all terms and conditions as imposed by the Court. 4. Per contra, learned counsel appearing on behalf of the State in advance notice has vehemently opposed the instant bail application but has not contradicted the aforesaid submissions as argued by the learned counsel for the applicant. 5. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 6. I have gone through the contents made in the application as well as the documents appended with the application and perused material available on record. It is admitted fact that the applicant is languishing in jail since 23.1.2025 i.e. more than 4 months, charge sheet has been filed, criminal history has duly been explained by the applicant in supplementary affidavit, injury sustained to the injured are simple in nature, there is no credible evidence to link the applicant with the present offence, there is no chance of early conclusion of the trial and nothing was brought into the notice of the Court that the applicant is released on bail, he will not cooperate in the trial. 7.Taking into consideration of the aforesaid reasons, without expressing any finding or opinion on merit of the case, I am inclined to grant bail to the applicant. The bail application is allowed. 8. Let the applicant - Ketan Dubey, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- (Rs. Fifty thousand)and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i). The applicant shall not tamper with the evidence. (ii) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 8.5.2025 S.K.S. (Chandra Dhari Singh,J.) Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad