Neutral Citation No. - 2025:AHC:79073 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14334 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. 38 of 2025, under Sections 331 (4), 305, 317 (2) of B.N.S., Police Station Nizamabad, District Azamgarh. 2. Learned counsel appearing for 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. He was not named in the first information report and his name was disclosed on his arrest alongwith other co-accused by the police on the information received by the informant. Learned counsel further submitted that showing the alleged recovery from the possession of the applicant without following the procedure prescribed under law, he has been falsely implicated in 11 cases. Learned counsel further submitted that there are no independent witness of the said recovery. Learned counsel further submitted that there are two previous criminal history of the applicant and he has been been falsely implicated in other 11 cases after his arrest. Learned counsel further submitted that criminal history of the applicant has been explained in paragraph no.15 of the affidavit filed in support of bail application as well as in paragraph no.3 of the supplementary affidavit. He is languishing in jail since 11.02.2025. It is further submitted that after completion of investigation charge sheet has been filed and cognizance has been taken by the competent Court. There are very dim chance of conclusion of trial in near future. 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 learned counsel for the applicant as well as 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 an admitted fact that after completion of investigation, charge sheet has been filed and the competent court has taken cognizance. Perusal of recovery memo appended as Annexure No. 3 to the paper book indicates that the recovery was shown from the possession of the applicant in 11 cases. The said recovery has also been disputed by learned counsel for the applicant during arguments. After perusal of the case diary, I do not find any credible evidence at this stage to link the applicant in the instant case. 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 enlarge on bail, he will not co-operate in trial and he may influence the witnesses. 6. Taking into consideration the aforesaid reasons as stated above, 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 :- 14.5.2025 AKT (Chandra Dhari Singh, J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad