Neutral Citation No. - 2025:AHC:55818 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10337 of 2025 Applicant :- Mohd Shahid Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. Instant application has been filed under Section 483 of the BNSS, 2023 seeking regular bail in Case Crime No.43 of 2024, for the offence punishable under sections 392, 342, 427, 323, 504, 506, 411, IPC, Police Station Raipura, District Chitrakoot, during the pendency of 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. It is further submitted that applicant was not named in the FIR and he has been falsely implicated in the present case. He further submitted that incident took place on 04.03.2024 and the FIR was lodged on 12.03.2024, after 8 days of the alleged incident. The police has apprehended 5 persons on 13.03.2024 on the basis of the information received by informer. It is also submitted that joint recovery has been shown by the police of one truck no.MP19HA8799 and one tamancha. He further submitted that the entire recovery has been made contrary to the statutory provision and law established. The applicant has criminal history of 5 cases, which have been explained in paragraph no.16 of the paper book. He further submitted that out of 5 accused persons, 4 accused persons namely Dhananjay Singh Yadav, Saurabh Tripathi @ Rahul Tripathi, Mahtab Ahmad and Kalamuddin have already enlarged on bail by the co-ordinate Benches of this Court. The bail orders are appended as Annexure No.4 to the paper book. It is further submitted that the other 4 accused who have already enlarged on bail also have criminal history, which were explained in their respective cases. 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 has vehemently opposed the instant bail application and submitted that applicant is habitual offender and is also involved in this heinous crime. However, he has not contradicted the facts as stated by counsel for the applicant that the other co-accused, who also have criminal history have already granted bail by the co-ordinate Benches of this Court. The criminal history of 5 cases of the applicant have been explained in paragraph no.16 of the paper book. 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 the supplementary affidavit. 7. It is admitted fact that the applicant has criminal history of 5 cases, which have been explained in paragraph no.16 of the paper book. The other co-accused, who also have criminal history have already granted bail by the co-ordinate Benches of this Court. The applicant is languishing in jail since 13.03.2024, more than one year. After completing the investigation the police has submitted charge sheet. 8. Taking into consideration all entirety of the matter as discussed above, I am inclined to grant bail to the applicant. The bail application is allowed. 9. Let the applicant - Mohd Shahid, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs.one lacs 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 :- 16.4.2025 VKG Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad