Neutral Citation No. - 2025:AHC:59140 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12017 of 2025 Applicant :- Nikki Alias Nonu Opposite Party :- State of U.P. Counsel for Applicant :- Namit Srivastava,Sarthak Verma 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. 36 of 2025, under Sections 309(6), 317(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, Police Station Pallavpuram, District Meerut. 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 has been falsely implicated in the present case. It is submitted that the applicant is not named in the FIR. He is first offender and has no previous criminal history. He is languishing in jail since 13.02.2025. It is also submitted that the applicant has been apprehended by the police on the information given by the informant. The recovery of one mobile phone and Rs. 500/- were shown by the police. The said recovery was made without following the procedure prescribed under law. 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 has been completed and charge-sheet has been filed qua the present applicant. He has submitted that one mobile phone and Rs. 500/- have been shown to be recovered from possession of the applicant but he has not contradicted the fact that there are no criminal history of the applicant and he is a person of clean antecedents and he is languishing in jail since 13.02.2025. He has also submitted that looking into the nature of offence and material available on record, the applicant is not entitled for any leniency by this Court for granting the bail as prayed. 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 there are no previous criminal history of the applicant. The recovery of Rs. 500/- and mobile phone which has been shown by the police are disputed by the applicant on the ground that the police has not followed procedure prescribed under law to initiate recovery proceeding against the applicant and made a recovery memo. It is also not disputed that the the applicant is a person of clean antecedents and is a first offender. 6. Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, undertaking given by the applicant that he shall abide by all terms and conditions imposed by this Court while granting the bail and the fact that the applicant is aged about 19 years and is in jail since 13.02.2024 but without expressing any opinion on the merit of the case, this Court is of opinion that the appellant has made out a case for bail. Accordingly the bail application is allowed. 7. Let the applicant- Nikki @ Nonu 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. 8. 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