Neutral Citation No. - 2025:AHC:78560 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14137 of 2025 Applicant :- Rahul Ahirwar Opposite Party :- State of U.P. Counsel for Applicant :- Om Prakash Yadav Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application has been filed under Section 483 of BNSS, seeking regular bail in Case Crime No.132 of 2024, under Sections 309(4), 115(2), 352 and 317(2) of B.N.S., Police Station - Erach, District – Jhansi. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case. It is further submitted that the recovery as shown by the police against the applicant is not in accordance with the procedure prescribed by the law. There are no independent witnesses of the said recovery. Criminal history of the applicant has been explained in paragraph 12 of the paper-book. The investigation has been completed. Charge-sheet has been submitted on 02.03.2025 and the court concerned has taken cognizance on 25.03.2025. The applicant is languishing in jail since 07.01.2024. It is also undertaken on behalf of the applicant that he shall abide by all terms and conditions as imposed by the Court while granting bail. It is lastly submitted that there is no possibility of the early conclusion of the trial. 3. Per contra, learned counsel appearing on behalf of the State has vehemently opposed the instant bail application but he could not dispute the aforesaid facts as stated by the learned counsel appearing on behalf of applicant. 4. Heard learned counsel for the applicant, Sri Rajesh Kumar Gupta, learned AGA and perused the material available on record. 5. This court prima facie finds that there are no credible evidence on record to link the applicant to the instant offence; the investigation has been completed; charge-sheet has been submitted; the court concerned has taken cognizance; the recovery shown against the applicant is not in accordance with the procedure prescribed by law; criminal history has been explained; the applicant is languishing in jail since 07.01.2025; there is no possibility of completion of trial in near future and there is no material brought by learned AGA to establish that if the applicant may grant bail he will influence the trial or influence the witnesses; undertaking has been given by the learned counsel for the applicant to abide by the terms and conditions as imposed by the court while granting the bail. 6. Taking into consideration of aforesaid reasons as stated above and without expressing any opinion on merit of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 7. Let the applicant - Rahul Ahirwar, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- (Rupees 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. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 13.5.2025 CS/- (Chandra Dhari Singh, J.) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad