Neutral Citation No. - 2025:AHC:89779 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14031 of 2025 Applicant :- Waseem Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. Supplementary affidavit filed today explaining criminal history, is taken on record. 2. The instant application has been filed under Section 483 of the BNSS, 2023 for seeking regular bail in Case Crime No. 32 of 25, under sections "305(1), 317(2), 317(5), 331(4) of BNS, Police Station - Hafizpur, District - Hapur during pendency of the trial. 3. Learned counsel appearing on behalf of the applicant submitted that the applicant is innocent and has not committed 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. FIR was lodged against some unknown persons. His name was disclosed on the arrest alongwith other co-accused by the police on the information received from the informer. From the joint possession of all the accused persons three buffalo , two calves and two knifes and one illegal stamp were alleged to be recovered. The applicant is in jail since 8.3.2025. Criminal history of 8 cases of the applicant has been explained in para-17 of the paper book and para-5 of the supplementary affidavit. Charge sheet has been filed on 20.3.2025. 4. 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. 5. Per contra, learned counsel appearing on behalf of the State in advance notice has vehemently opposed the instant bail application but could not dispute the aforesaid facts as argued by the learned counsel for the applicant during argument. 6. Heard Sri Sunil Kumar Dwivedi, learned counsel for the applicant, Sri Shashi Kant Rai, AGA for the State and perused the record. 7. I have gone through the contents made in the application as well as the documents appended with the application It is admitted fact that the applicant is languishing in jail since 8.3.2025, charge sheet has been filed, criminal history has duly been explained, the alleged recovery has been disputed as it was made without following the procedure prescribed under the law, the applicant is not named in the FIR, there is no credible evidence to connect the applicant with the instant offence at this stage, there is dim chance of conclusion of trial in near future, the applicant is permanent resident of the address mentioned in the memo of application and there is no chance fleeing from justice. 8.Taking into consideration of the 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. 9. Let the applicant - Waseem, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- (Rs. 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 26.5.2025/S.K.S. (Chandra Dhari Singh,J.) Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad