Neutral Citation No. - 2025:AHC:74863 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14998 of 2025 Applicant :- Kuldeep Yadav Alias Satya Opposite Party :- State of U.P. Counsel for Applicant :- Ramkripal Yadav Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. This is second bail application. The first bail application moved on behalf of applicant was dismissed as withdrawn with liberty to file afresh vide order dated 15.04.2025, copy of which is appended as Annexure No.1 with the paper book. 2. The instant second bail application has been filed under Section 483 of BNSS, seeking bail in Case Crime No. 27 of 2025, under Sections 310 (2), 317 (3), 61 (2) of BNS, Police Station- Saiyadraja, District-Chandauli. 3. Learned counsel appearing on behalf of the applicant submitted that the applicant is innocent person and has not committed any offence as alleged in the FIR. It is further submitted that there are no material on record to connect or link the applicant with the present case. It is further submitted that two bikes are alleged to have been recovered from the possession of the applicant. Learned counsel has disputed the said recovery shown from the possession of the applicant submitting that Investigating Agency while making the recovery memo has not followed the procedure prescribed under the law. It is further submitted that similarly placed co-accused Sandeep Seth, has already been granted bail by this Court vide order dated 28.04.2025 passed in Criminal Misc. Bail Application No. 12855 of 2025 and, therefore, the applicant is also entitled to be released on bail. The applicant has no previous criminal antecedents and he is languishing in jail since 28.02.2025. 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. 4. 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. 5. Heard learned counsel for the applicant, learned AGA and perused the material available on record. 6. Taking into consideration of aforesaid reasons as stated above and the fact that similarly placed co-accused Sandeep Seth has already been granted bail by this Court, without expressing any opinion on the merit of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 7. Let the applicant-Kuldeep Yadav @ Satya, who is involved in the 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 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 :- 8.5.2025 AKT (Chandra Dhari Singh,J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad