Neutral Citation No. - 2025:AHC:87060 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13264 of 2025 Applicant :- Gopal Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Vikram Yadav,Jetendra Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, seeking enlargement on bail in Case Crime No. 11 of 2025, under Sections 309(4) and 317(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Sirsaganj, District Firozabad during the trial of the case. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and has not committed any offence as alleged in the F.I.R. It is also submitted that the applicant is not named in the FIR. He was arrested along with co-accused by the police on the information received from the informer and on arrest, the police has allegedly shown recovery of Vivo Mobile, Aadhar Card, ATM Card, Driving License, PAN Card without following procedure prescribed under law. There are no independent witness of the said recovery. It is further submitted that the applicant is languishing in jail since 09.01.2025. Criminal history of only one case has been shown in para no. 2 of the supplementary affidavit and applicant has been falsely implicated in one case after arrest. It is next submitted that the investigation has been completed. The charge-sheet has been filed and cognizance has already been taken by the competent court. There is no possibility of completion of trial in near future. Learned counsel for the applicant undertakes that the applicant shall abide by all terms and conditions imposed by this Court while granting the bail. He has prayed for enlarging the applicant on bail. 3. Per contra, learned counsel appearing on behalf of State who has accepted notice in advance vehemently opposed the instant bail application but has not contradicted the facts as stated by learned counsel for the applicant during the arguments. 4. Heard Sri Jitendra Kumar Pandey, learned counsel for the applicant as well as Sri Rajesh Kumar Gupta, learned counsel for the State and perused the record. 5. It is admitted fact that the applicant is languishing in jail since 09.01.2025. There are no previous criminal history. In one case, the applicant has been falsely implicated after arrest. The investigation has been completed. The charge-sheet has been filed and the cognizance has already been taken by the competent court as stated above. There are no chance for completion of trial in the near future. It is not brought in the notice of the Court that if the applicant will be enlarged on bail, he will misuse the bail conditions. It is also undertaken that the applicant shall abide by all terms and conditions as imposed by this Court. Taking into consideration all entirety of the matter as discussed above, without expressing any opinion on the merit of the case, I am inclined to grant bail to the applicant. The bail application is allowed. 6. Let the applicant- Gopal Yadav, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- 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 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 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 22.5.2025 VS (Chandra Dhari Singh,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad