Neutral Citation No. - 2025:AHC:56852 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12489 of 2025 Applicant :- Dori Marwari Opposite Party :- State of U.P. Counsel for Applicant :- Ram Janam Shahi 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. 361 of 2024, under Sections 331(2), 303(2), 317(2), 317(4) of the Bharatiya Nyaya Sanhita, 2023, Police Station Shyam Deurwa,, District Maharaj Ganj during the pendency of trial before the court below. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is languishing in jail since 29.12.2024. He is not named in the FIR. It is also submitted that the applicant was arrested by the police on the information of the informant and after arrest, alleged recovery of an iron rod, torch, 10 pairs of anklet (payal) of white metal, one piece of garland (mala), one pair of children bracelets, one piece of ring of white metals and Rs. 1220 have been shown by the police. It is also submitted that there are two previous criminal history which has been explained by the applicant in paragraph 15 of the paper book. The applicant is permanent resident of village Ishapur,Police Station Nigohi, District Shahjahanpur. 3. 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. 4. Per contra, learned counsel appearing on behalf of State who has accepted notice in advance vehemently opposed the instant bail application and submitted that after completion of investigation, charge-sheet has been filed against the applicant. However, two previous criminal history which has been explained by the applicant has not been contradicted. 5. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 6. The applicant has already explained the previous criminal history in paragraph 15 of the paper book. The investigation has been completed and charge-sheet has been filed before the concerned court and the applicant is languishing in jail since 29.12.2024 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. 7. Let the applicant- Dori Marwari 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 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. 8. 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