Neutral Citation No. - 2025:AHC:84821 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15429 of 2025 Applicant :- Banarsi Banvasi And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Dharm Jeet Singh Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. Supplementary affidavit explaining criminal history filed today on behalf of applicants is taken on record. 2. The instant bail application under Section 483 of B.N.S.S. has been filed on behalf of applicants for regular bail in Case Crime No.196 of 2022, under Sections 457, 380, 411, 413, 414 of I.P.C., Police Station - Phefana, District - Ballia, during pendency of trial. 3. Learned counsel appearing on behalf of the applicants submitted that applicants are very poor persons and have not committed any offence as alleged in the F.I.R. It is further submitted that they have been falsely implicated in the present case and in all other cases by the police after arresting of applicants. The recovery memo as shown by the police has been prepared without following the procedure prescribed under law and there are no independent witness of the said recovery memo. It is also submitted that after completion of investigation, charge-sheet has been submitted and court below has taken cognizance. It is further submitted that criminal history of applicants has been explained in paragraph - 18 of the paper book and paragraph - 2 of the supplementary affidavit. Applicants are languishing in jail since 09.09.2022. 4. Taking into consideration the aforesaid facts, it is prayed by learned counsel appearing on behalf of applicants that applicants may be released on bail in the aforesaid crime. It is undertaken by learned counsel for the applicants that applicants will abide by all terms and conditions as imposed by this Court. 5. Per contra, learned A.G.A. vehemently opposed the bail application by submitting that paragraph no.18 of the paper book and Annexure no. CA-2 of supplementary affidavit are showing the criminal history of applicants, since the applicants are habitual offender therefore there are every possibility that they may misuse the bail, if they are released on bail. 6. Heard Sri Dharam Jeet Singh, learned counsel appearing on behalf of applicants, Sri Vijay Kumar Rathi, learned State Law Officer appearing on behalf of the State, perused the contents made in bail application and material available on record. 7. It is admitted fact that applicants are in jail since 09.09.2022, which is two and half years, investigation has been completed and charge-sheet has been submitted, there is no possibility of completion of trial in near future and there is no material brought on record by learned AGA to establish that if applicants may grant bail they will influence the trial or influence the witnesses. 8. Taking into consideration all the entirety of the matter as discussed above, without expressing any finding or opinion on merits of the case, the applicants are releasing on bail. Accordingly, the bail application is allowed. 9. Let the applicants- Banarasi Banvasi, Sanjay Urf Chaudhary Banvasi and Mukesh Banvasi, who are involved in aforementioned case crime be released on bail on their furnishing a personal bond of Rs.25,000-25,000 each 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 applicants shall not tamper with evidence. (ii) The applicants 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 them in accordance with law. 10. 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 :- 20.5.2025/Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad