Neutral Citation No. - 2025:AHC:75725 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12760 of 2025 Applicant :- Kailash Pardi Opposite Party :- State of U.P. Counsel for Applicant :- Shailendra Singh Rathore Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. Supplementary affidavit filed today on behalf of applicant, is taken on record. 2. The instant bail application under Section 483 of B.N.S.S. has been filed on behalf of applicant for bail in Case Crime No.446 of 2023, under Sections 395, 412 IPC, Police Station - Kannauj, District - Kannauj, during pendency of trial. 3. Learned counsel appearing on behalf of the applicant has submitted that the applicant was not named in the F.I.R., his name was disclosed on the confessional statement of co-accused, Mongiya @ Sultan Mongiya, who has already been enlarged on bail by Co-ordinate Bench of this Court vide order dated 17.10.2023. It is also submitted that co-accused, Chappad Rajan Kale alias Chappad Pardi, has already been enlarged on bail by Co-ordinate Bench of this Court vide order dated 18.12.2024. It is submitted that criminal history of three cases has been explained in paragraph - 4 of the supplementary affidavit. It is further submitted that after completion of investigation, charge sheet has been filed on 25.03.2025 by the investigating officer and the court concerned has taken cognizance on 27.03.2025. Recovery of Rs.5,15,800/- Cash, 1 licensee Revolver and 14 live cartridges has been shown by the police. It is further submitted that the said recovery was made by the police is without following the procedure prescribed under the law. There are no independent witness of the said recovery. Applicant is languishing in jail since 16.01.2025. 4. Taking into consideration the aforesaid facts, it is prayed by learned counsel appearing on behalf of applicant that applicant may be released on bail in the aforesaid crime. It is undertaken by learned counsel for the applicant that applicant shall abide by all terms and conditions as imposed by this Court. 5. Per contra, learned AGA vehemently opposed the bail application of applicant, but he has not contradicted the facts as stated by learned counsel for the applicant during arguments. 6. Heard learned counsel appearing on behalf of applicant, learned AGA appearing on behalf of the State, perused the contents made in bail application and material available on record. 7. It is admitted fact that after completion of investigation, charge sheet has been filed and the court concerned has taken cognizance; co-accused persons have already been enlarged on bail by Co- ordinate Bench of this Court, recovery shown by the police has been disputed by learned counsel for applicant, applicant is languishing in jail for about four months, there is very dim chance of completion of trial in near future and there are no any material brought before this Court by learned AGA to establish any reasonable apprehension that if applicant would be enlarged on bail he will tamper the evidences or delay in trial or intimidate the witnesses. 8. Taking into consideration all the entirety of the matter as discussed above, without expressing any finding or opinion on merits of the case, the applicant is releasing on bail. Accordingly, the bail application is allowed. 9. Let the applicant - Kailash Pardi, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- (Fifty Thousand) 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. . (Chandra Dhari Singh, J.) Order Date :- 9.5.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad