Neutral Citation No. - 2025:AHC:59273 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12064 of 2025 Applicant :- Vibhuti Opposite Party :- State of U.P. Counsel for Applicant :- A.C.Tiwari(Ac),Atal Bihari Tripathi 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. 74 of 2025, under Sections 340(2), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, Police Station Noida Sector-58, Commissionerate, District Gautam Buddh Nagar. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and has been falsely implicated in the present case. It is submitted that the applicant is merely witness of the agreement deed. It is also submitted that the co-accused persons who were witness in the said agreement deed have already been granted bail by the Co- ordinate Bench of this Court, vide order dated 04.04.2025. It is submitted that there are no previous criminal history of the present applicant. He is languishing in jail since 19.02.2025. On the instructions, 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 and submitted that the investigation is still going on and the charge-sheet is yet to be filed. It is submitted that there are specific allegation against the applicant but he has not contradicted the fact that there are no previous criminal history of the applicant and the co-accused Anil Bhadana, Itesh Poshwal and Devashish Sharma on the similar footing have already been granted bail by the Co-ordinate Bench of this Court vide order dated 04.04.2024. 4. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 5. It is admitted fact that the applicant is a witness in the instant case and other co-accused have already enlarged on bail by the Co- ordinate Bench of this Court as stated above. The applicant has no previous criminal history and he is first offender. The applicant has also given undertaking that he shall abide by all terms and conditions imposed by this Court while granting the bail. 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. 6. Let the applicant- Vibhuti 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 :- 21.4.2025 Pratima Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad