Neutral Citation No. - 2025:AHC:74304 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15531 of 2025 Applicant :- Faizan Opposite Party :- State of U.P. Counsel for Applicant :- Kamal Singh,Sanjay Agrawal Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application under Section 483 of B.N.S.S. has been filed on behalf of applicant for bail in Case Crime No.582 of 2024, under Sections 310(2), 317(3) of B.N.S., Police Station - Shikohabad, District - Firozabad. 2. Learned counsel appearing on behalf of the applicant has submitted that F.I.R. was lodged against the unknown person. It is further submitted that applicant has been arrested along with other co-accused by the police on information received by his informer. On arrest the police had shown the recovery of Rs.4,660/- cash, one country made pistol, one live cartridge. He has vehemently submitted that the alleged recovery was made by the investigating agency is without following the procedure prescribed under the law and there is no independent witness of the alleged recovery. It is further submitted that applicant was not named in the F.I.R. and he has been falsely implicated in the instant case due to ulterior motive. It is also submitted that criminal history of eight cases has been explained in paragraphs 18 and 19 of the paper book. It is further submitted that after completion of investigation, charge sheet has been filed on 18.12.2024 by the investigating officer and the court concerned has taken cognizance on 01.01.2025. It is submitted that co-accused, Shahbaj has already been enlarged on bail by Co-ordinate Bench of this Court vide order dated 17.02.2025. Applicant is languishing in jail since 04.10.2024. 3. Taking into consideration the aforesaid facts, it is prayed on behalf of applicant that he may be released on bail in the aforesaid crime. It is further undertaken by learned counsel for the applicant that applicant shall abide by all terms and conditions as imposed by this Court. 4. Per contra, learned AGA vehemently opposed the bail application of applicant, but he has not contradicted the facts as stated by learned counsel for the applicant during arguments. 5. Heard learned counsel appearing on behalf of applicant, learned AGA appearing on behalf of the State, perused the contents made in bail application and material available on record. 6. Applicant is not named in the F.I.R., his name was disclosed on arrest by the police along with other co-accused, criminal history of eight cases has already been explained, co-accused, Shahbaj has already been enlarged on bail, charge sheet has been filed and cognizance has been taken, applicant is languishing in jail more than seven months and there is no possibility of completion of trial in near future and there is no material brought by learned AGA to establish that if applicant may grant bail he will influence the trial or influence the witnesses. 7. Taking into consideration all the entirety of the matter as discussed above, without expressing any finding or opinion on merits of the case, the applicant is releasing on bail. Accordingly, the bail application is allowed. 8. Let the applicant - Faizan, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- (Fifty Thousand) 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. . (Chandra Dhari Singh, J.) Order Date :- 8.5.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad