Neutral Citation No. - 2025:AHC:63563 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10273 of 2025 Applicant :- Ashish Yadav Alias Madan Mohan Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Kumar Tiwari 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. 684 of 2024, under sections 303(2), 317(2) BNS, Police Station - Naini, District - Prayagraj. 2. Learned counsel appearing on behalf of the applicant/petitioner has submitted that the applicant is innocent person and has not committed any offence as alleged in the FIR. He is not named in the FIR. He has been falsely implicated in this case. It is submitted that after getting information from the informant, the applicant was arrested by the police party. It is further submitted that applicant was arrested alongwith co-accused. The police has shown recovery of one 'Apache motorcycle' from the possession of the applicant, which is false recovery. There is no independent witness of the said recovery. The applicant has no previous criminal history. It is further submitted that the applicant has been falsely implicated in three other cases after arrest in the instant case by the police, these three cases have been explained in paragraph nos. 16, 17 and 18 of the paper book. In two of the case the applicant has been released on bail by the Sessions Judge and by a co-ordinate Bench of this Court respectively. Charge sheet has been filed after investigation of the case on 9.1.2025 and cognizance was taken by the court concerned on 17.1.2025. 3. It is also submitted that other co-accused Adarsh Mishra has already been granted bail on 21.3.2025 by the coordinate |Bench of this Court passed in Criminal Misc. Bail Application No. 9480 of 2025. 4. 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. The applicant is languishing in jail since 22.11.2024. It is further undertaken that applicant shall abide by all terms and conditions as imposed by the Court. 5. Per contra, learned counsel appearing on behalf of the State has vehemently opposed the instant bail application but could not dispute the aforesaid facts submitted by the learned counsel appearing on behalf of applicant. 6. Heard learned counsel for the applicant, learned AGA for the State, perused the material available on record. 7. It is admitted fact that charge sheet has been filed, there is no previous criminal history of the applicant, the recovery is false and that the other co-accused has already been granted bail by the co- ordinate Bench of this Court and the applicant is in jail since 22.11.2024 i.e. more than 4 months. 8.. Taking into consideration of aforesaid reasons as stated above, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 9. Let the applicant - Ashish Yadav Alias Madan Mohan, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- (Rupees 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 24.4.2025 S.K.S. (Chandra Dhari Singh,J.) Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad