Neutral Citation No. - 2025:AHC:75110 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13344 of 2025 Applicant :- Awadhesh Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant application has been filed under Section 483 of the BNSS, 2023 for seeking regular bail in Case Crime No. 654 of 2024, under sections 303(2), 317(4), 317(5), 338, 336 (3), 340(2), 317(2), 112(2) OF BNS, Police Station - Kotwali, District – Azamgarh during pendency of trial. 2. Learned counsel appearing on behalf of the applicant submitted that the applicant is innocent and has not committed offence as alleged in the FIR.The applicant is a motorcycle mechanic and he has been falsely implicated in this case due to ulterior motive. It is further submitted that police has recovered four motorcycles and some parts of motorcycle as alleged in the FIR. It is submitted that the recovery was made without following the procedure prescribed under the law. There is no independent witness of the said recovery. Criminal history of 9 cases of the applicant has been explained in paragraph no. 11 of the bail application and 1 case has been explained in para-2 of the supplementary affidavit. The applicant is in jail since 10.12.2024. Charge sheet has been filed on 2.3.2025 against the applicant. 3. 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. 4. Per contra, learned counsel appearing on behalf of the State in advance notice has vehemently opposed the instant bail application but has not contradicted aforesaid facts submitted by the learned counsel for the applicant. 5. Heard learned counsel for the applicant, learned AGA for the State and perused material available on the record. 6. I have gone through the contents made in the application as well as the documents appended with the application and perused material available on record. It is admitted fact that the applicant is languishing in jail since 10.12.2004 i.e. about six months, charge sheet has been filed, there is no independent witness of the alleged recovery, criminal history has already been explained and further I don't find any credible evidence on record at this stage to connect the applicant with the present offence, and there is no chance of early conclusion of the trial. 7.Taking into consideration aforesaid reasons, without expressing any finding or opinion on merit of the case, I am inclined to grant bail to the applicant. The bail application is allowed. 8. Let the applicant - Awadhesh Chauhan, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 1,00,000/- (Rupees One Lac) 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 8.5.2025 S.K.S. (Chandra Dhari Singh,J.) Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad