Neutral Citation No. - 2025:AHC:66070 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12939 of 2025 Applicant :- Parmod Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Prateek Pratap Singh,Sanjay Kumar Yadav 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. 528 of 2024, under Sections 303(2), 317(2), 317(4), 317(5), 338, 336(3), 340(2), 112(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Kotwali, District Azamgarh during the pendency of trial. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is not named in the FIR. It is submitted that the applicant has been arrested by the police on the information received by the informant. The applicant was implicated by the police in other cases in which he has been granted bail by the trial court and he has now been implicated in the said case. It is also submitted that there are eight criminal history against the applicant which has duly been explained in paragraph 16 of the bail application and para 3 of the supplementary affidavit. He is languishing in jail since 11.12.2024. It is further submitted that the alleged recovery of six motor cycles i.e. stolen property was shown by the police from his possession or on pointing out of the applicant. The police has made recovery without following procedure prescribed under law. 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. He has submitted that charge-sheet has been filed on 30.12.2024. 3. Per contra, learned counsel appearing on behalf of State who has accepted notice in advance vehemently opposed the instant bail application and submitted that there are no force in the argument that the applicant has been falsely implicated in other cases or arrested by the police but he has not denied all criminal cases as stated by counsel for the applicant in respective paragraph. It is submitted that the charge-sheet has been filed after completion of the investigation. It is also submitted that no case for grant of bail is made out. 4. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 5. It is admitted that the applicant is languishing in jail 11.12.2024. The charge-sheet has been filed after completion of the investigation. There are no chance for completion of trial in the near future. It is not brought in the notice of the Court that if the applicant will grant bail, he may influence the trial and not cooperate with the trial. The alleged recovery has been disputed by counsel for the applicant. There is no credible evidence to link the applicant with the offence and it is also undertaken by the applicant that the applicant shall abide by all terms and conditions as imposed by this Court. 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- Pramod Kumar 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