Neutral Citation No. - 2025:AHC:80547 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15503 of 2025 Applicant :- Majid Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Singh Sengar,Vijay Singh Sengar 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. 125 of 2023, under Sections 457, 380, 411 IPC, Police Station Moth, District Jhansi during the pendency of the trial. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant was not named in the FIR. His name was disclosed on arrest by the police on information received from the informer. On arrest, recovery of five pairs silver ornaments and Rs. 12,400/- were shown without following procedure prescribed under law. There are no eye-witness of the alleged recovery. It is also submitted that the applicant is languishing in jail since 26.09.2023. The applicant has criminal history of ten cases which has been duly explained in para 5 of the supplementary affidavit. It is next submitted that after completion of the investigation, the police has filed charge-sheet on 31.10.2023 and cognizance has been taken on 18.12.2023. There are no chance of completion of trial in near future. It is also undertaken that the applicant will abide by all terms and conditions as imposed by this Court while granting bail. 3. Per contra, learned counsel appearing on behalf of State who has accepted notice in advance vehemently opposed the instant bail application but has not contradicted the argument as advanced by learned counsel for the applicant. 4. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 5. It is admitted fact that the applicant is languishing in jail since 26.09.2023. The charge-sheet has been filed. The cognizance has been taken by the competent court. The criminal history of ten cases has already been explained in para 5 of the supplementary affidavit. There are no material brought on record at this stage to connect the applicant in the instant case. It is also undertaken that the applicant shall abide by all terms and conditions as imposed by this Court. Taking into consideration all entirety of the matter as discussed above, without expressing any opinion on the merits of the case, I am inclined to grant bail to the applicant. The bail application is allowed. 6. Let the applicant- Majid 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 15.5.2025 Pratima (Chandra Dhari Singh,J.) Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad