Neutral Citation No. - 2025:AHC:80471 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13379 of 2025 Applicant :- Prem Singh @ Pk Opposite Party :- State of U.P. Counsel for Applicant :- Diwakar Tiwari 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. 16 of 2025, under Sections 309(4), 317(2) of the B.N.S. Police Station Iglas, District Aligarh during the pendency of the trial. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is not named in the FIR. His name was disclosed in the confessional statement of co-accused persons namely Saurabh Khatik and Amit Jha. Thereafter the applicant was arrested from his house. It is also submitted that the police has allegedly shown recovery of Rs.99500/- without following procedure prescribed under law. There are no independent witness of the alleged recovery. It is further submitted that the applicant is languishing in jail since 08.02.2025. The investigation has been completed. The charge-sheet has been filed on 05.03.2025 and the competent court has taken cognizance on 18.03.2025. 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. 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 as 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. It is admitted fact that the applicant was not named in the FIR. His name was disclosed in the confessional statement of co- accused persons. The applicant has no criminal history which has been explained in para 32 of the paper book. The investigation has been completed. The cognizance has been taken by the competent court. There are no credible evidence on record to link the applicant in the instant case at this stage. It is also undertaken 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, without expressing any opinion on the merits of the case, I am inclined to grant bail to the applicant. The bail application is allowed. 6. Let the applicant- Prem Singh @ Pk 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 :- 15.5.2025 Pratima (Chandra Dhari Singh,J.) Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad