Neutral Citation No. - 2025:AHC:65687 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13853 of 2025 Applicant :- Ram Sumer Opposite Party :- State of U.P. Counsel for Applicant :- Alok Kumar Singh 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. 615 of 2024, under sections 115(2), 352, 308(5), 61(2), 3(5) BNS, Police Station - Sihanigate, District - Ghaziabad during pendency of the trial. 2. Learned counsel appearing on behalf of the applicant submitted that the applicant is innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case.The applicant was not named in the FIR. His name came into picture after the confessional statement of co-accused Lalit. There are no specific allegations by the co-accused. It is only allegation that he was present alongwith co-accused at the time of arrest. No recovery was made from the possession of the applicant. 3. Learned counsel appearing on behalf of the applicant submitted that he is a man of clean antecedents and has no previous criminal history. After completion of the investigation, charge sheet has been filed on 15.1.2025 and cognizance has been taken by the concerned court on 24.2.2025. There is nothing on record to connect the applicant with the commission of the offence as alleged in the FIR. The applicant is languishing in jail since 9.12.2024 i.e. more than 4 months. There is no chance of conclusion of the trial in near future. 4. It is further submitted co-accused has been enlarged on bail and as well as other co-accused has been granted anticipatory bail by the co-ordinate Bench of this Court vide order dated 11.2.2025 and 03.03.2025, copy of the orders have been annexed as Annexure-8 and 9 to the paper book. 5. 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. 6. 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. 7. Heard learned counsel for the applicant, learned AGA for the State and perused the record 8. I have gone through the contents made in the application as well as the documents appended with the application and perused the material available on record. It is admitted fact that the applicant is languishing in jail since 9.12.2025, charge sheet has been filed, the applicant has no previous criminal history, there is no independent witness of the recovery and there is no chance of early conclusion of the trial. 9.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. 10. Let the applicant - Ram Sumer, 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. 11. 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