Neutral Citation No. - 2025:AHC:58964 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12003 of 2025 Applicant :- Santosh Maurya Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Chaurasia,Bhanu Prakash Verma,Pinkee Maurya 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. 92 of 2025, under Sections 310(2), 61(2) and 317(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Campierganj, District Gorakhpur. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and has not committed any offence as alleged in the F.I.R. He is not named in the FIR. It is submitted that the police has apprehended the accused persons on the information given by the informant and recovered jewellery of silver and gold and also cash from joint possession of all accused persons. It is also submitted that the said recovery has been made without following procedure prescribed under law. It is also submitted that the said recovery was made after ten days of the incident. It is next submitted that there are no previous criminal history of the applicant. The applicant is languishing in jail since 20.02.2025. 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. He has also submitted that recovery of alleged articles were made from joint possession of all accused persons but he has not contradicted the fact that there are no previous criminal history of the present applicant. He has submitted that till the submission of the charge-sheet, the applicant may not be released on bail. 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 recovery of articles has been shown by the police from joint possession of all accused persons. There are no previous criminal history. There are no material brought on record at this stage to connect the applicant in the instant case and it is undertaken by the applicant that the applicant shall abide by all terms and conditions as imposed by this Court and also to consider the nature of offence, evidence but without expressing any opinion on the merits of the case, this Court is of the opinion that the appellant has made out a case for bail. Accordingly the bail application is allowed. 6. Let the applicant- Santosh Maurya 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