Neutral Citation No. - 2025:AHC:68927 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12418 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. Instant application filed under Section 483 of B.N.S.S seeking bail in Case Crime No.197 of 2022, under Sections 457, 380, 411, 413, 414 I.P.C., Police Station Ubhanv, District Ballia. 2. Learned counsel appearing for the applicants submitted that applicants are innocent and they have not committed any offence as alleged in the first information report. They were not named in the first information report and they have been falsely implicated in the instant case due to ulterior motive. Their names have been disclosed on their arrest alongwith other co-accused. On their personal search, Rs. 25,000/- and one country-made-pistol are alleged to have been recovered from the possession of applicant no.1 Banarsi Banvasi, Rs. 23,000/- and one country-made-pistol have allegedly been recovered from the possession of applicant no.2 Sanjay @ Chaudhary Banvasi and Rs.21,000/- and one knife are alleged to have been recovered from the possession of applicant no.3 Mukesh Banvasi. It is also submitted that applicant no. 1 Banarasi Banvasi has 14 cases criminal history, applicant no.2 Sanjay @ Chaudhary Banvasi has 14 cases criminal history and applicant no.3 Mukesh Banvasi has 16 cases criminal history, out of which some cases have been explained in paragraph no. 17 of the affidavit filed in support of bail application and remaining cases have been explained in paragraph no.2 of the supplementary affidavit filed on their behalf. They are languishing in jail since 09.09.2022. Learned counsel for the applicants also placed one order passed by the co-ordinate Bench of this Court on 13.04.2023 by which the co-accused persons have already been enlarged on bail in the same case crime on the similar footing. Learned counsel further submitted that charge sheet has already been filed on 09.11.2022 and cognizance has been taken by the competent Court. It is also undertaken on their behalf that they will abide by all terms and conditions as imposed by this Court while granting bail. 3. Per contra, learned A.G.A. appearing on behalf of State vehemently opposed the instant bail application but had not contradicted the facts as stated above by learned counsel for the applicants. 4. Heard learned counsel for the applicants as well as learned A.G.A. appearing on behalf of the State in advance notice and perused the contents made in the first information report as well as material placed on record. 5. Applicants are languishing in jail since 09.09.2022 i.e. more than two and half years. The criminal history of the applicants as stated above has already been explained. Charge sheet has already been filed. Cognizance has already been taken by the concerned Court. There are very dim chance of conclusion of trial in near future.It is also undertaken on behalf of applicants that they will abide by all terms and conditions as imposed by this Court while granting bail. No material brought on record by the learned A.G.A. that applicants will not co-operate in trial and they may influence the witnesses. 6. Taking into consideration all entirety of the matter as discussed above, period of languishing in jail as well as other reasons stated above, without expressing any opinion on the merits of the case, I am inclined to grant bail to the applicants. Accordingly, the bail application is allowed. 7. Let the applicants- Banarsi Banvasi, Sanjay Urf Chaudhary Banvasi and Mukesh Banvasi, who are involved in aforementioned case crime be released on bail on their 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 applicants shall not tamper with evidence. (ii) The applicants 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 applicants 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 them 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 :- 1.5.2025 AKT (Chandra Dhari Singh,J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad