Neutral Citation No. - 2025:AHC:73545 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14350 of 2025 Applicant :- Shailendra Kumar Gautam Opposite Party :- State of U.P. Counsel for Applicant :- Mahendra Pratap Yadav Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. Instant application filed under Section 483 of B.N.S.S seeking bail in Case Crime No. 273 of 2025, under Sections 303 (2), 317 (2) of B.N.S., Police Station Kotwali Khalilabad, District Sant Kabir Nagar. 2. Learned counsel appearing for the applicant submitted that applicant is innocent and he has not committed any offence as alleged in the first information report. He has been falsely implicated in the present case by the Gram Pradhan due to political rivalry. The recovery which has been shown from his possession by the police are false. Learned counsel has disputed the said recovery shown from the possession of the applicant and submitted that Investigating Agency while making the recovery memo has not followed the procedure prescribed under the law. There are no independent witness of the alleged recovery. Learned counsel appearing on behalf of applicant submitted that charge sheet has been filed on 15.04.2025. Applicant has no previous criminal antecedents and he is languishing in jail since 04.04.2025. It is also undertaken that he will abide by all terms and conditions as imposed by this Court while granting bail. Learned counsel prayed that considering the aforesaid facts and circumstances, the applicant may be enlarged on bail. 3. Per contra, learned A.G.A. appearing on behalf of State vehemently opposed the instant bail application but not contradicted the facts as stated by learned counsel for the applicant. 4. Heard learned counsel for the applicant as well as learned A.G.A. appearing on behalf of the State in advance notice and perused the material available on record. 5.It is admitted fact that applicant is a man of clean antecedents. Charge sheet has already been filed before the competent Court. Recovery shown from the possession of the applicant has been disputed by learned defence counsel as Investigating Agency while making the recovery memo has not followed the procedure prescribed under the law. There are no material on record to connect the applicant in the instant case at this Stage. 6. Taking into consideration the all entirety of the matter as discussed above, nature of offence, recovery and other material which is allegedly connect the applicant in the aforesaid offence and also the fact that there is no chance of conclusion of trial in near future, without expressing any opinion on the merits of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 7. Let the applicant- Shailendra Kumar Gautam, 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 :- 7.5.2025 AKT (Chandra Dhari Singh,J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad