Neutral Citation No. - 2025:AHC:57809 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10382 of 2025 Applicant :- Kaptan Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Gupta Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application under Section 483 of B.N.S.S. has been filed for bail in Case Crime No.74 of 2025, under Sections 318(4), 338, 336(3), 340(2), 61(2), 3(5) of B.N.S., Police Station - Sector 58 Noida, District Gautam Budh Nagar. 2. Learned counsel appearing on behalf of applicant has submitted that the present applicant is innocent and he has not committed any offence as alleged in the F.I.R. He has also submitted that the applicant is not named in the F.I.R., his name has been surfaced at the first time on the statement of complainant/informant recorded under Sections 180 of B.N.S.S. It is further submitted that no recovery has been made out from the applicant and there are no material available on record except the statement of informant to connect or link the applicant with the instant crime. Learned counsel for applicant has annexed the bail order of co-accused, Niteesh Poshwal at Annexure - 5 of the paper book and also placed the bail orders of other co-accused persons, namely, Devashish Sharma, Anil Bhadana and Itesh Poshwal during the arguments, who were named in the F.I.R. and now they have already been enlarged on bail by Co-ordinate Bench of this Court. He has further submitted that the case of applicant is on better footing from other co-accused persons, who have already been enlarged on bail. It is also submitted that there is no previous criminal history against the present applicant. Applicant is languishing in jail since 19.02.2025. 3. Taking into consideration the aforesaid facts, it is prayed on behalf of applicant that he may be released on bail in the aforesaid crime. It is further undertaken by learned counsel for the applicant that applicant shall abide by all terms and conditions as imposed by this Court. 4. Per contra, learned A.G.A. appearing on behalf of the State, in advance notice, has opposed the bail application and submitted, on instructions, that he is not denied the fact that applicant has no previous criminal history. It is further submitted that applicant is the person who involved in the conspiracy in commission of crime as alleged in the F.I.R. It is also submitted that applicant is the person who facilitated the accused for taking loan from the financial company. He has also submitted that there are sufficient material on record to connect the present applicant with the instant case. 5. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 6. It is admitted fact that other co-accused persons, Niteesh Poshwal, Devashish Sharma, Anil Bhadana and Itesh Poshwal have already been enlarged on bail by Co-ordinate Bench of this Court and applicant is on similar footing as other co-accused. It is also submitted that other co-accused persons, who were already named in the F.I.R., have already been enlarged on bail by Co- ordinate Bench of this Court. There is no criminal history against the applicant and also learned counsel for the applicant has undertaken to abide all terms and conditions as imposed by this Court. He has also undertaken that the applicant shall co-operate in the investigation as well as in the trial. There is no chance of completion of trial in near future. 7. Taking into consideration all the entirety of the matter as discussed above, without expressing any finding or opinion on merits of the case, the applicant is releasing on bail. Accordingly, the bail application is allowed. 8. Let the applicant - Kaptan, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- (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 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. . (Chandra Dhari Singh, J.) Order Date :- 18.4.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad