Neutral Citation No. - 2025:AHC:65731 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13857 of 2025 Applicant :- Mohd. Ashif Alias Kallu Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Pandey 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 bail in Case Crime No. 26 of 2005 under sections 317(2), 317(4), 317(5) BNS and under Section 4/25 Arms Act, Police Station - Saifai, District – Etawah during pendency of the 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. He has been falsely implicated in this case due to ulterior motive. He is not named in the FIR. He is languishing in jail since 10.2.2025. After completion of investigation, charge sheet has been filed on 13.2.2025 and cognizance was taken by the competent court on 20.5.2025. He has been falsely implicated in three other criminal cases at the time of arrest. Recovery shown from the possession of the applicant is false. There is no independent witness of the said recovery. It is further stated that there is no chance of conclusion of the trial in near future. 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 could not dispute the aforesaid submissions as argued by the learned counsel for the applicant. 5. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 6. I have gone through the contents made in the application as well as the documents appended with the application and perused the affidavit. It is admitted fact that the applicant is languishing in jail since 10.2.2025, charge sheet has been filed, the applicant has no previous criminal history, the applicant is not named in the FIR, there is no independent witness of the alleged recovery and there is no chance of early conclusion of the trial. 7. Taking into consideration all entirety of the matter as discussed above, I am inclined to grant bail to the applicant. The bail application is allowed. 8. Let the applicant - Mohd. Ashif alias Kallu, 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 28.4.2025 S.K.S. (Chandra Dhari Singh,J.) Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad