Neutral Citation No. - 2025:AHC:63565 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11587 of 2025 Applicant :- Vijay Opposite Party :- State of U.P. Counsel for Applicant :- Dheeraj Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant application has been filed under Section 483 of the BNSS, 2023 for seeking bail in Case Crime No. 307 of 2024, under sections 303(2), 324(4), 317(2) BNS, Police Station - Bidhanoo. District - Kanpur Nagar. 2. Learned counsel appearing on behalf of the applicant/petitioner has submitted that the applicant is innocent person and has not committed any offence as alleged in the FIR. He is not named in the FIR. He has been falsely implicated in this case. It is submitted that after getting information from the informant, the applicant was arrested by the police party. It is further submitted that the applicant has been falsely implicated in six other cases after arrest in the instant case by the police, these six cases have been explained in paragraph no. 11 of the paper book, In 5 cases, the applicant has been released on bail by the court below. It is next submitted that alleged recovery was made on the pointing out of the applicant which was made without following the procedure prescribed under the law. There is no independent witness of the alleged recovery. Charge sheet has been filed after investigation of the case on 23.12.2024 and cognizance was taken by the court concerned on 6.1.2025.It is submitted that there is no chance of conclusion of trial in near future. 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. The applicant is languishing in jail since 7.11.2024. 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 but could not dispute the aforesaid facts submitted by the learned counsel appearing on behalf of applicant. 5. Heard learned counsel for the applicant, learned AGA for the State, perused the material available on record. 6. It is admitted fact that charge sheet has been filed, the criminal history has already been explained, the recovery is false and the applicant is in jail since 7.11.2024 more than 5 months and there is no chance of conclusion of trial in near future. 7.. Taking into consideration of aforesaid reasons as stated above, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 8. Let the applicant - Vijay who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- (Rupees 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 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 24.4.2025 S.K.S. (Chandra Dhari Singh,J.) Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad