Neutral Citation No. - 2025:AHC:79362 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12413 of 2025 Applicant :- Banarsi Banvasi And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Dharm Jeet Singh 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 regular bail in Case Crime No. 202 of 2022, under sections 457, 380, 411, 413, 414 IPC, Police Station - Ubhanv, District - Ballia during pendency of the trial. 2. Learned counsel appearing on behalf of the applicants submitted that FIR was lodged against some unknown persons. It is submitted that the applicants alongwith 5 other accused persons were arrested on the information received from the informer near an under construction building and Government Inter College. 3. It is further submitted that from the possession of applicant no. 1 - one country made pistol of 3.15 bore and 2 live cartridges of 3.15 bore and cash of Rs. 23,000/-, from the possession of applicant no. 2 - one country made pistol of 3.15 bore alongwith 5 cartridges of 3.15 bore and Rs. 23,000/- cash and from the possession of applicant no. 3 one holding knife made in Rampur and Rs. 21000/- cash and key ring alongwith keys alleged to have been recovered. From the possession of other co-accused, gold ornaments alleged to have been recovered. 4. It is submitted that the alleged recovery was made by the police without following the procedure prescribed under the law. There is no independent witness the alleged recovery. It is next submitted that applicant no. 1 has criminal history of 14 cases, applicant no. 2 has criminal history of 14 cases and applicant no. 3 has criminal history of 16 cases, which all have been explained in paragraph no. 18 of the paper book. The applicant are in jail since 09.09.2022. It is submitted that investigation has been completed and charge sheet has been filed on 1.10.2022 and the competent court has taken cognizance on 1.11.2022. There are no witnesses have been examined yet in the instant case. Therefore, there is dim chance of completion of the trial in near future. 5. 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. It is further undertaken that applicant shall abide by all terms and conditions as imposed by the Court. 6. Per contra, learned counsel appearing on behalf of the State in advance notice has vehemently opposed the instant bail application but has not contradicted the facts as stated by the learned counsel for the applicant during argument. 7. Heard learned counsel for the applicants, learned AGA for the State and perused the material available on record 8. I have gone through the contents made in the application as well as the documents appended with the application and material available on record. It is admitted fact that the applicants are languishing in jail since 09.09.2022, charge sheet has been filed, criminal history of all the applicants have been explained in paragraph no. 18 of the paper book, there is is no chance of early conclusion of the trial and there is nothing brought into the notice of the Court that if the applicants are released on bail they will not cooperate in the investigation. 9.Taking into consideration of the aforesaid reasons, without expressing any finding or opinion on merit of the case, I am inclined to grant bail to the applicants. The bail application is allowed. 10 Let the applicants - Banarsi Banvasi, Sanjay Urf Chaudhary Banvasi and Mukesh Banvasi, who are involved in the aforementioned case crime be released on bail on their furnishing a personal bond of Rs. 50,000/- (Rs. Fifty thousand)and two sureties each (every applicant separately) 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. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 14.5.2025 S.K.S. (Chandra Dhari Singh,J.) Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad