Neutral Citation No. - 2025:AHC:90249 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15465 of 2025 Applicant :- Monu Khan Opposite Party :- State of U.P. Counsel for Applicant :- Brijesh Kumar Srivastava 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. 945 of 2023, under Sections 328, 392, 411 I.P.C., Police Station Sikandra, District Agra. 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 was not named in the first information report and has been falsely implicated in the present case. He has been arrested alongwith other co-accused on the information received by the informer by the police and recovery of one E-rickshaw was shown on their joint possession. Learned counsel for the applicant has disputed the said recovery on the ground that there is no independent witness of the said recovery and the said recovery has been made without following the procedure prescribed under the law. Charge sheet has been filed on 28.12.2023 after completion of investigation and cognizance has been taken by the competent Court. There are two cases previous criminal history of the applicant which has been explained in paragraph no. 11 of the paper book. Applicant is languishing in jail since 12.12.2023. Learned counsel appearing on behalf of applicant also undertaken 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 B. K. Srivastava, learned counsel for the applicant as well as Sri S. K. Ojha, learned A.G.A. appearing on behalf of the State and perused the contents made in the first information report as well as material placed on record. 5.Applicant is languishing in jail since 12.12.2023 i.e. more than one and half years. Recovery of one E-rickshaw shown by the police from the joint possession of accused has also been disputed by learned counsel for the applicant as there is no independent witness of the said recovery and the said recovery has been made without following the procedure prescribed under the law. It is also undertaken on his behalf that he will abide by all terms and conditions as imposed by this Court while granting bail. 6. Taking into consideration all the aforesaid reasons as stated above, without expressing any opinion on the merits of the case, I am inclined to allow the bail application. Accordingly, the bail application is allowed. 7. Let the applicant- Monu Khan 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 :- 27.5.2025 AKT (Chandra Dhari Singh, J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad