Neutral Citation No. - 2025:AHC:71737 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14966 of 2025 Applicant :- Bablu Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar 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 bail in Case Crime No. 528 of 2024, under Sections 117 (2), 303 (2), 317 (2), 317 (4), 317 (5), 338, 336 (3), 340 (2), 112 (2) of BNS, Police Station -Kotwali, District- Azamgarh. 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 was not named in the F.I.R. and been falsely implicated in this case. It is further submitted that applicant has been arrested by the police on the information received by the informant. It is further submitted that there are nine cases criminal history against the applicant which has been explained in para-14 of the affidavit filed in support of the bail application. It is further submitted that alleged recovery shown from the possession of the applicant are false. The police has made recovery without following procedure prescribed under law. It is further submitted that similarly placed co-accused Kamlesh Chauhan, Munchun Chauhan and Pramod Kumar have already been granted bail by this Court vide order dated 02.05.2025, 01.05.2025 and 28.04.2025 passed in Criminal Misc. Bail Application Nos. 11719 of 2025, 7625 of 2025 and 12939 of 2025 respectively. The applicant is languishing in jail since 10.12.2024. 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. 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, learned AGA and perused the material available on record. 5. Taking into consideration of aforesaid reasons as stated above and the fact that similarly placed co-accused Kamlesh Chauhan, Munchun Chauhan and Pramod Kumar have 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. 6. Let the applicant -Bablu Chauhan, 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 5.5.2025 AKT (Chandra Dhari Singh, J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad