Neutral Citation No. - 2025:AHC:69190 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13579 of 2025 Applicant :- Deepak Alias Anand Opposite Party :- State of U.P. Counsel for Applicant :- Surendra Singh 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. 80 of 2024, under Sections 303(2), 317(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Kailia, District Jalaun during the pendency of the trial. 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. He has been falsely implicated in the instant case due to ulterior motive. It is submitted that three solar plates have been shown to be recovered from the possession of the applicant. There are no independent witness of the said recovery. It is also submitted that the applicant has criminal history of one case which has been duly explained in para 3 of the supplementary affidavit. It is next submitted that the applicant is languishing in jail since 22.12.2024. 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 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 recovery of three solar plates has been disputed by learned counsel for applicant. The charge sheet has been filed on 10.02.2025 and the court concerned has taken cognizance on 18.02.2025. The criminal history of one case has been explained in para 3 of the supplementary affidavit. The applicant is languishing in jail 22.12.2024. There are no credible evidence on record to connect the applicant in the offence at this stage but without expressing any opinion on the merits of the case, this Court is of the opinion that the appellant has made out a case for bail. Accordingly the bail application is allowed. 6. Let the applicant- Deepak @ Anand 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 :- 1.5.2025 Pratima (Chandra Dhari Singh,J.) Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad