Neutral Citation No. - 2025:AHC:85721 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11422 of 2025 Applicant :- Muntyaj Opposite Party :- State Of U.P. Though It Principal Secretary (Home)Lucknow Counsel for Applicant :- Atul Kumar 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. 420 of 2024, under Sections 310(2), 317(3) of the Bharatiya Nyaya Sanhita, 2023, Police Station New Mandi, District Muzaffar Nagar during the trial of the case. 2. Learned counsel appearing on behalf of the applicant has submitted that the FIR was lodged against unknown persons. The applicant's name was disclosed on arrest by the police alongwith other co-accused on the information received from the informer. On arrest, the police has shown alleged recovery of five white metal coins, one countrymade pistol, aadhar card and two live cartridges without following procedure prescribed under law and without any independent witness of the said recovery, he has prepared recovery memo. It is also submitted that other co-accused Banti has already been enlarged on bail by the co-ordinate bench of this Court vide order dated 06.05.2025. It is further submitted that the applicant is languishing in jail 10.12.2024 more than five months and has criminal history of eight cases which has been duly explained in para 2 of the supplementary affidavit. It is next submitted that the investigation has been completed. The charge- sheet has been filed on 05.03.2025 and the cognizance has been taken by the competent court on 18.03.2025. There are no chance for completion of trial in the near future. 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 but has not contradicted the facts as stated by learned counsel for the applicant during the arguments. 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 the applicant is languishing in jail 10.12.2024 more than five months and has criminal history of eight cases which is also explained in para 2 of the supplementary affidavit. The investigation has been completed. The charge-sheet has been filed on 05.03.2025 and the cognizance has been taken by the competent court on 18.03.2025. There are no chance for completion of trial in the near future. The recovery was disputed by learned counsel for the applicant on the ground that there are no independent witness of the alleged recovery. I do not find any credible evidence at this stage to connect the applicant in the instant offence. It is not brought in the notice of the Court that if the applicant will be enlarged on bail, he may misuse the bail conditions. It is also undertaken that the applicant shall abide by all terms and conditions as imposed by this Court. The co-accused on the similar footing has already been granted bail by the Co- ordinate Bench of this Court vide order dated 06.05.2025. Taking into consideration all entirety of the matter as discussed above, without expressing any opinion on the merit of the case, I am inclined to grant bail to the applicant. The bail application is allowed. 6. Let the applicant- Muntyaj 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 21.5.2025 Pratima (Chandra Dhari Singh,J.) Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad