Neutral Citation No. - 2025:AHC:81681 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15653 of 2025 Applicant :- Suraj Paswan Opposite Party :- State of U.P. Counsel for Applicant :- Kiran Yadav,Sanjay Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. Instant application filed under Section 483 of B.N.S.S seeking bail in Case Crime No. 11 of 2025, under Sections 331 (4), 305, 317 (2) of B.N.S., Police Station Kandhrapur, District Azamgarh. 2. Learned counsel appearing on behalf of the applicant submitted that applicant is innocent and he has not committed any offence as alleged in the first information report. He has been falsely implicated in the instant case due to ulterior motive. Learned counsel further submitted that first information report was lodged against unknown persons. His name was disclosed on his arrest alongwith co-accused and recovery of one pair of silver anklet and one silver chain have been shown from the possession of the applicant. Learned counsel further submitted that Investigating Agency while making the recovery memo has not followed the procedure prescribed under the law. There are no independent witness of the said recovery. It is further submitted that applicant has two cases previous criminal history but he has been falsely implicated in 11 cases on the same day on his arrest. All the 13 cases have been explained in paragraph nos.15 and 16 of the affidavit filed in support of bail application as well as in paragraph no.3 of the supplementary affidavit. Charge sheet has been filed on 03.04.2025 and cognizance has been taken by the competent Court. Applicant is languishing in jail since 11.02.2025. Learned counsel appearing on behalf of applicant also undertaken that he will abide by all terms and conditions as imposed by this Court while granting bail. 3. Per contra, learned A.G.A. appearing on behalf of State vehemently opposed the instant bail application but he has not contradicted the facts as stated above by learned counsel for the applicant. 4. Heard Sri Sanjay Kumar Yadav, learned counsel for the applicant as well as Sri K. P. Pathak, learned A.G.A. appearing on behalf of the State in advance notice and perused the contents made in the first information report as well as material placed on record. 5. It is admitted fact that applicant is languishing in jail since 11.02.2025. Charge sheet has already been filed after completion of investigation. Cognizance has been taken by the competent Court. Recovery shown from the possession of the applicant by the Investigating Agency has also been disputed by the defence counsel on the ground that Investigating Agency has not followed the procedure prescribed under law. There are no independent witness of the said recovery. Criminal history of the applicant has already been explained as stated above. There are very dim chance of conclusion of trial in near future. It is also undertaken on behalf of applicant that he will abide by all terms and conditions as imposed by this Court while granting bail. No material brought on record by the learned A.G.A. that if the applicant is released on bail, he will not co-operate in trial and he may influence the witnesses. 6. Taking into consideration all the aforesaid reasons, without expressing any opinion on the merits of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 7. Let the applicant-Suraj Paswan, 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. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 16.5.2025 AKT (Chandra Dhari Singh, J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad