Neutral Citation No. - 2025:AHC:84836 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14189 of 2025 Applicant :- Faran Opposite Party :- State of U.P. Counsel for Applicant :- Digvijay Singh Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. 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. 96 of 2025, under Sections 309(6), 61(2), 317(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Sadabad, District Hathras. 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. The applicant is not named in the FIR. 3. Learned counsel for the applicant has submitted that the applicant was made accused in the present case only on the basis of his confessional statement. It is submitted that yellow metal ornaments of weight 154 gms as well as one country made pistol 315 Bore and one live cartridge is said to have been recovered by the police. It is a disputed recovery. There is no independent witness of the alleged incident. It is also submitted that no procedure was followed by the police while making the recovery from the applicant, therefore the recovery was denied by the applicant. It is next submitted that the recovery of the said metal has also not been supported by the contents of the FIR. There is criminal history of three cases against the applicant, which is clearly explained in para no. 10 of the paper book. 4. Learned counsel for the applicant has submitted that applicant is languishing in jail since 16.02.2025. Charge-sheet has been submitted on 28.03.2025 and cognizance has been taken on 10.04.2025. It is also submitted that co-accused Vaibhav Rawat and Adarsh have already been granted bail vide orders dated 17.04.2025 and 24.03.2025 in Crl. Misc. Bail Application No. 12477 of 2025 and 8695 of 2025, respectively. 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. 5. Per contra, learned counsel appearing on behalf of State has vehemently opposed the instant bail application. 6. Heard Sri Digvijay Singh, learned counsel for the applicant as well as Sri Rajesh Kumar Gupta, learned AGA for the State and perused the record. 7. It is admitted that after completion of investigation charge-sheet has been submitted, criminal history of three cases have been explained, other co-accused have already been released on bail and also to consider the nature of offence, 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. 8. Let the applicant- Faran 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 S.H.O./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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 20.5.2025 VS (Chandra Dhari Singh,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad