Neutral Citation No. - 2025:AHC:84415 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14454 of 2025 Applicant :- Ashish Opposite Party :- State of U.P. Counsel for Applicant :- Manish 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. 12 of 2025, under Sections 303 (2), 317 (2), 318 (4) of B.N.S., Police Station Uttar, District Firozabad. 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 instant case due to ulterior motive. Learned counsel further submitted that applicant was not named in the first information report. Learned counsel further submitted that applicant has been arrested alongwith other co-accused persons by the police on the information given by the informant. Alleged recovery of six motorcycles shown from the joint possession of the applicant is false. Learned counsel has disputed the said recovery submitting 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. It is further submitted that applicant has no previous criminal history but he was falsely implicated in other four cases on the arrest by the police. It is clarified that there are no previous criminal history of the present applicant and the four other cases in which applicant has been falsely implicated after his arrest, has been explained in paragraph no.18 of the paper book. Learned counsel appearing on behalf of applicant submitted that other co-accused Mohit whose case stands on similar footing, has already been granted bail by the co-ordinate Bench of this Court vide order dated 29.04.2025. Learned counsel further submitted that investigation has been completed and charge sheet has been filed on 10.01.2025. Cognizance has been taken on 06.03.2025 by the competent Court. It is also undertaken on behalf of applicant that he will abide by all terms and conditions as imposed by this Court while granting bail. 3. Per contra, learned A.G.A. appearing on behalf of State vehemently opposed the instant bail application but he has not contradicted the facts as stated above by learned counsel for the applicant. 4. Heard Sri Manish Yadav, learned counsel for the applicant as well as Sri Rakesh Kumar Mishra, learned A.G.A. appearing on behalf of the State in advance notice and perused the contents made in the first information report as well as material placed on record. 5. It is admitted fact that applicant is languishing in jail since 09.01.2025 i.e. more than four months. There are no previous criminal history of the applicant but he was implicated in other four cases by the police on the same day after his arrest. Charge sheet has already been filed after completion of investigation. Cognizance has been taken by the competent Court as stated above. After perusal of the case diary, I do not find any credible material to link the applicant in the instant offence. It is also undertaken on behalf of applicant that he will abide by all terms and conditions as imposed by this Court while granting bail. No material brought on record by the learned A.G.A. that if the applicant is released on bail, he will not co-operate in trial and he may influence the witnesses.There are very dim chance of conclusion of trial in near future. 6. Taking into consideration all the aforesaid reasons, 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- Ashish 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 :- 20.5.2025/AKT (Chandra Dhari Singh, J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad