Neutral Citation No. - 2025:AHC:57042 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12536 of 2025 Applicant :- Hasim Hasain And Another Opposite Party :- State of U.P. Counsel for Applicant :- Kiran Tiwari,Mahesh Chandra Tiwari 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 bail in Case Crime No.146/2024 under Section 303(2), 318(4), 317 (2), 336 (3), 340(2), 338 BNS, Police Station - Lohamandi, District - Agra during pendency of the trial. 2. Learned counsel appearing on behalf of the applicants has submitted that the applicants are innocent persons and they have not committed any offence as alleged in the FIR. They are also not named in the FIR. They have been falsely implicated in this case due to ulterior motive and previous enmity. Instant FIR has been lodged with the malice intention only to harass the applicants 3. Recovery of Rs. 5000/- and Rs. 7000/- alongwith fake I-Cards of police personnel were shown from the possession of applicant no.1 - Hasim Hasain and Applicant no. 2 - Meesam Hasain respectively. 4. It is submitted that the recovery was made without following the procedure prescribed under the law. Investigation has been completed and charge sheet has been filed in the present case. 5. There are three criminal cases against the applicants, which have been explained in paragraph no. 8 of the paper book. In one case the applicants have been enlarged on bail by co-ordinate Bench of this Court vide order dated 12.3.2025 passed by Criminal Misc. Bail Application No. 8709 of 2025. 6. 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 applicants may be released on bail in the aforesaid crime. It is further undertaken that applicants shall abide by all terms and conditions as imposed by the Court. 7.. Per contra, learned counsel appearing on behalf of the State has vehemently opposed the instant bail application but could not dispute the aforesaid submissions argued by the learned counsel for the applicants. 8.. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 9. It is admitted fact that the applicants have not been named in the FIR. After being arrest on the information received from the informer by the police, the recovery made from the possession of the applicants is stated in above paragraphs. Criminal history of the applicants have also been explained in paragraph no. 8 of the affidavit. Investigation has been completed and the charge sheet has been filed. There are no chance to conclude the trial soon. No material brought on the notice of the Court that the applicants on being enlarged on bail will misuse the liberty of the bail and will not cooperate in the trial. 10. Considering the entire facts and circumstances of the case and submissions made by counsel for the parties, keeping in view of the evidence, severity of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicants have made a case for bail. Accordingly, the bail application is allowed. 10. Let the applicants - (1) Hasim Hasain and (2) Meesam Hasain, who are involved in the aforementioned case crime be released on bail on their furnishing a personal bond of Rupees Fifty Thousand each and two separate 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 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. 12.. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 17.4.2025/S.K.S. (Chandra Dhari Singh,J.) Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad