Neutral Citation No. - 2025:AHC:81689 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10373 of 2025 Applicant :- Lakhan Patel Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar Singh 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.38 of 2025, under Sections 309(6), 317(2) of B.N.S., Police Station - Premnagar, District - Jhansi. 2. Learned counsel appearing on behalf of the applicant has submitted that applicant is innocent person and he has not committed any offence as alleged in the F.I.R. It is also submitted that recovery of Rs.2500/- cash, ATM card and white and yellow metal ornaments shown from possession of applicant by the Investigating Agency has also been disputed by the defence counsel on the ground that Investigating Agency has not followed the procedure prescribed under law. There are no independent witness of the said recovery. The applicant has no criminal history. Applicant is languishing in jail since 03.02.2025. It is further submitted that co-accused Hari @ Harish Kumar Prajapati has already been granted bail by this Court vide order dated 28.04.2025 passed in Criminal Misc. Bail Application No. 12894 of 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 AGA vehemently opposed the bail application of applicant, but he has not contradicted the facts as stated by learned counsel for the applicant during arguments. 5. Heard learned counsel for the applicant as well as Sri Vijay Kumar Rathi, learned counsel appearing for the State and perused the record. 6. It is admitted fact that applicant is the man of clean antecedent and he has not committed any offence as alleged in the F.I.R., there is no material on record to connect the applicant with the instant case, co-accused Hari @ Harish Kumar Prajapati has already been granted bail by this Court vide order dated 28.04.2025 passed in Criminal Misc. Bail Application No. 12894 of 2025, there is no material on record to show that the applicant will not cooperate in the trial or will influence the witness, applicant is languishing in jail above two months and there is no possibility 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 - Lakhan Patel 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. Order Date :- 16.5.2025 Pratima (Chandra Dhari Singh,J.) Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad