Neutral Citation No. - 2025:AHC:68984 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14505 of 2025 Applicant :- Faizan Opposite Party :- State of U.P. Counsel for Applicant :- Kamal Singh Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. Supplementary affidavit filed today is taken on record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, seeking enlargement on bail in Case Crime No. 533 of 2024, under Sections 115(2), 352, 307, 317(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Shikohabad, District Firozabad during the pendency of the trial. 3. Learned counsel appearing on behalf of the applicant has submitted that the applicant is languishing in jail since 04.10.2024. He is innocent person and has not committed any offence as alleged in the F.I.R. He has been falsely implicated in the instant case. He was not named in the FIR but on arrest, the police implicated him in other three criminal cases of unknown FIR and shown the recovery of Rs.4660/-, one live bullet and one country made pistol. It is also submitted that there are criminal history against the applicant which has duly been explained in paras 17 and 18 of the paper book and para 5 of the supplementary affidavit. Learned counsel for the applicant undertakes that the applicant shall abide by all terms and conditions imposed by this Court while granting the bail. He has prayed for enlarging the applicant on bail. 4. Per contra, learned counsel appearing on behalf of State who has accepted notice in advance vehemently opposed the instant bail application but has not contradicted the argument advanced by learned counsel for the applicant. He has submitted that the charge-sheet has been filed on 22.10.2024 and court concerned has taken cognizance on 04.12.2024. 5. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 6. It is admitted that the applicant is languishing in jail since 4.10.2024. The criminal history has already been explained by the applicant as stated above. The charge sheet has been filed. The cognizance has been taken by the court concerned. There are no chance for completion of trial in near future. Prima facie, I do not find any credible evidence to link the applicant in the present case at this stage. The applicant has also given undertaking that he shall abide by all terms and conditions imposed by this Court while granting the bail. There are no material brought on record to establish that if the applicant will grant bail, he will not cooperate with the trial or he may influence the witness or tamper the evidence but without expressing any opinion on the merits of the case, this Court is of the opinion that the appellant has made out a case for bail. Accordingly the bail application is allowed. 7. Let the applicant- Faizan 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 :- 1.5.2025 Pratima (Chandra Dhari Singh,J.) Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad