Neutral Citation No. - 2025:AHC:74766 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15584 of 2025 Applicant :- Omprakash Opposite Party :- State of U.P. Counsel for Applicant :- Anand Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. 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.23 of 2025, under Sections 61(2), 309(4), 317(2) of B.N.S., Police Station - Kavi Nagar, District - Ghaziabad. 2. Learned counsel appearing on behalf of the applicant has submitted that applicant is not named in the F.I.R., his name was disclosed on arrest by the police on information received by the informant and alleged recovery was made without following procedure prescribed under the law. It is further submitted that the police has shown the recovery of Rs.3,00,000/- cash and some ornament of yellow metal from possession of applicant and there is no independent witness of the alleged recovery. It is also submitted that applicant is the man of clean antecedents and he has no previous criminal history. It is further submitted that after completion of investigation, charge sheet has been filed on 08.03.2025 by the investigating officer and the court concerned has taken cognizance on 11.03.2025. Applicant is languishing in jail since 11.01.2025. It is further submitted that there is no possibility of completion of trial in near future. 3. Taking into consideration the aforesaid facts, it is prayed on behalf of applicant that he may be released on bail in the aforesaid crime. It is further undertaken by learned counsel for the applicant that applicant shall abide by all terms and conditions as imposed by this Court. 4. 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. 5. 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. 6. It is admitted fact that charge sheet has been filed and cognizance has been taken; applicant is the man of clean antecedents and there is no previous criminal history against him; applicant is languishing in jail about four months, recovery memo has been disputed by learned counsel for applicant as procedure prescribed under the law has not been followed, there is no credible evidence on record to link the applicant with the instant offence, there is no possibility of completion of trial in near future and there is no material brought by learned AGA that if applicant may grant bail he will influence the trial or influence the witnesses. 7. 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. 8. Let the applicant - Omprakash, 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. 9. 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 :- 8.5.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad