Neutral Citation No. - 2025:AHC:69045 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12609 of 2025 Applicant :- Manish Alias Tillu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Saurabh Pathak Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Dinesh Yadav, Advocate holding brief of Sri Saurabh Pathak, learned counsel for the applicant, Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.127 of 2024, under Section 87 B.N.S., 2023, Police Station Ayana, District Auraiya, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant was granted bail by this Court vide order dated 4.3.2025 passed in Criminal Misc. Bail Application No.7435 of 2025 and later on, the final report (charge-sheet) has been submitted in the added Section of 87 B.N.S. Learned counsel has further stated that the applicant has not misused the said opportunity granted earlier on and has cooperated during trial and is ready to do so in future also. There is no criminal history of the applicant. The applicant is languishing in jail since 15.10.2024. In case, he is released on bail, he will not misuse the liberty of bail. 5. Learned A.G.A. has vehemently opposed the bail application. 6. In the judgments of Supreme Court passed in Bhadresh Bipinbhai Sheth vs. State of Gujarat & Another reported in 2016 (1) SCC (Cri) 240 and Manoj Suresh Jadhav & Ors. vs. The State of Maharashtra, reported in 2018 SCC OnLine SC 3428, the applicant therein was enlarged on anticipatory bail in the added sections U/S 438 Cr.P.C. after being enlarged on regular bail U/S 439 Cr.P.C. Although, the instant case is of regular bail but it can be considered to be on better footing. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, taking into consideration the aforementioned judgments of the Supreme Court and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 8. Let the applicant- Manish Alias Tillu, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 1.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad