Neutral Citation No. - 2025:AHC:70194 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11834 of 2025 Applicant :- Ashish Alias Lalu Opposite Party :- State of U.P. Counsel for Applicant :- Tribhuwan Singh 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. 199 of 2024, under Sections 309(6), 317(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Shivrajpur, District Kanpur Nagar, during the trial of the case. 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 also submitted that the alleged recovery of Rs. 420/- has been shown from his possession but there are no independent witness of the said recovery. It is further submitted that there are criminal history of one case under the Excise Act which is orally explained by counsel for the applicant. It is next submitted that the applicant is languishing in jail since 27.10.2024. The charge-sheet has been filed on 22.11.2024 and the court concerned has taken cognizance on 05.12.2024. 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 but not contradicted the argument advanced by learned counsel for the applicant. 4. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 5. The applicant is languishing in jail since 27.10.2024. The charge-sheet has been filed and cognizance has been taken. There are no credible evidence to link the applicant with the offence at this stage and it is also undertaken by the applicant that the applicant shall abide by all terms and conditions as imposed by this Court. 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- Ashish @ Lalu 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 :- 2.5.2025 Pratima (Chandra Dhari Singh,J.) Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad