Neutral Citation No. - 2025:AHC:64908 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12904 of 2025 Applicant :- Deepak Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar 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. 10 of 2025, under Sections 309(6), 351(2), 352, 317(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Kotwali Nagar, District Hamirpur, during the trial of the case. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and has not committed any offence as alleged in the F.I.R. It is also submitted that the applicant is not named in the FIR. He was arrested by the police on the information given by the informant. It is further submitted that the applicant is languishing in jail since 17.01.2025. It is next submitted that the applicant has criminal history of five cases which has duly been explained in paragraph 14 of the paper book. 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. Learned counsel for the applicant has submitted that the charge-sheet has been filed on 20.01.2025 and cognizance has been taken by the competent court on 06.02.2025. The charge has also been framed on 17.03.2025. 3. Per contra, learned counsel appearing on behalf of State who has accepted notice in advance vehemently opposed the instant bail application but has not contradicted the argument advanced by learned counsel for the applicant. 4. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 5. The applicant is languishing in jail since 17.01.2025. The charge-sheet has been filed on 20.01.2025 before the competent court and the concerned court has taken cognizance on 06.02.2025. The charge has also been framed on 17.03.2025. There are criminal history of five cases which has been explained by the applicant. There are no material brought on record by learned AGA, if the applicant grants bail, he will not co-operate with the trial or influence the trial. Taking into consideration all entirety of the matter as discussed above, I am inclined to grant bail to the applicant. The bail application is allowed. 6. Let the applicant- Deepak Mishra 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 28.4.2025 Pratima (Chandra Dhari Singh,J.) Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad