Neutral Citation No. - 2025:AHC:56410 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12477 of 2025 Applicant :- Vaibhav Rawat Opposite Party :- State of U.P. Counsel for Applicant :- Nanhe Lal Tripathi,Rahul Upadhyay 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. 96 of 2025, under Sections 309(6), 61(2), 317(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Sadabad, District Hathras. 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 FIR. The applicant is not named in the FIR. It is also submitted that the applicant is a student having aged about 22 years. 3. Learned counsel for the applicant has submitted that the applicant was arrested along with other co-accused on 16.02.2025 in the other case i.e. Case Crime No. 98 of 2025. It is submitted that one pistol 315 bore, one mobile phone, Rs. 250/- and 156 gram golden colour ornament is said to have been recovered and on the basis of the said recovery, name of the applicant was connected with the present case crime number by the police. It is also submitted that no procedure was followed by the police while making the recovery from the applicant, therefore the recovery was denied by the applicant. It is next submitted that the recovery of the said metal has also not been supported by the contents of the FIR. 4. Learned counsel for the applicant has submitted that the applicant has no previous criminal history and he is languishing in jail since 16.02.2025. It is also submitted that co-accused Adarsh has already been granted bail by the Coordinate Bench of this Court vide order dated 24.03.2025 which is appended as Annexure 4 of the paper book. It is also submitted that the alleged recovery was shown by the police. 5. 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. 6. Per contra, learned counsel appearing on behalf of State who has accepted notice in advance vehemently opposed the instant bail application. He submitted that there are no previous criminal history. The investigation is still going on and the same has yet not been concluded and therefore till filing the charge-sheet, he may not be released on bail. 7. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 8. It is admitted that there are no previous criminal history. The investigation is still going on. The co-accused on the similar footing has already been granted bail by the Co-ordinate Bench of this Court vide order dated 24.03.2025 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. 9. Let the applicant- Vaibhav Rawat 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 S.H.O./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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 17.4.2025 Pratima Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad