Neutral Citation No. - 2025:AHC:61986 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13218 of 2025 Applicant :- Pushpendra Ahirwar Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application has been filed on behalf of the applicant under Section 483 of the B.N.S.S., 2023 with a prayer to enlarge the applicant on regular bail in Case Crime No. 341 of 2024, under Sections 331(4), 305, 324 (1), 317(2) of the BNS, Police Station - Banpur, District - Lalitpur during pendency of the trial. 2. Learned counsel for the applicant at the very outset submitted that in the index as well in the memo of application due to typographical error, instead of applicant is in jail since 14.1.2025, it has been wrongly typed as 11.1.2025 and prayed that he may be permitted to correct the same. 3. Learned counsel is permitted the correct the error wherever it is wrongly typed during the course of the day. 4. Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent. He has not committed any offence as alleged in the FIR. He has been falsely implicated in this case due to ulterior motive. He is not named in the FIR. On the basis of the information received by the informer, the applicant was arrested alongwith co-accused Ram Gopal and Dhaniram and has been falsely implicated. False recovery of ornaments of yellow and silver metal and one Redmi Mobile was shown from the possession of the applicant. However, there is no independent witness of the alleged recovery. The applicant has no previous criminal history. 5. It is next submitted that the applicant is languishing in jail since 14.1.2025 i.e. about 3 months. It is also submitted that there is no chance for completion of trial in near future. 6. It is further submitted that the co-accused persons Ramgopal and Dhaniram have already been granted bail by the co-ordinate Bench of this Court, copy of the orders have been annexed as Annexure Nos. 4 to the paper book. 7. It is also submitted that in view of the facts and circumstances of the case, it is prayed on behalf of the applicant that the applicant may be released on bail in the aforesaid crime. It is further undertaken that applicant shall abide by all terms and conditions as imposed by the Court while granting bail. 8. Learned counsel for the State has vehemently opposed the instant bail application and submitted that there is sufficient material on record to connect the present applicant with the offence. However, he could not dispute aforesaid submissions made by the learned counsel for the applicant. 9. Heard learned counsel for the applicant, learned AGA for the State and perused the contents made in the application as well as material available on record. 10. Taking into the aforesaid reasons that the applicant is in jail since 14.1.2025, the applicant is not named in the FIR, there is no independent witness of the alleged recovery. the applicant has no criminal history, and the co-accused have already been granted bail by the co-ordinate Bench of this Court, therefore, without expressing any opinion on the merit of the case, I am inclined to grant bail to the applicant. The bail application is allowed. 11. Let the applicant - Pushpendra Ahirwar, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs, 50,000/- (Rupees 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 the 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 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of 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. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 23.4.2025 S.K.S. (Chandra Dhari Singh,J). Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad