Neutral Citation No. - 2025:AHC:74715 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15616 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 filed on behalf of applicants, is taken on record. 2. Instant application filed under Section 483 of B.N.S.S seeking bail in Case Crime No.141 of 2022, under Sections 457, 380, 411, 413, 414 I.P.C., Police Station Phefana, District Ballia. 3. Learned counsel appearing for the applicants submitted that applicants are innocent and they have not committed any offence as alleged in the first information report. They have been falsely implicated in the instant case. They have not named in the first information report and their names were disclosed on their arrest alongwith other co-accused. Rs.25,000/-, Rs. 23,000/- and Rs. 21,000/- are alleged to have been recovered from the possession of applicant no.1 Banarsi Banvasi, applicant no.2 Sanjay Urf Chaudhary and applicant no. 3 Mukesh respectively. Learned counsel has disputed the said recovery shown from the possession of the applicants submitting that Investigating Agency while making the recovery memo has not followed the procedure prescribed under the law. There are no independent witness of the alleged recovery. Learned counsel appearing on behalf of applicants submitted that applicant no.1 and 2 have 13 cases criminal history and applicant no. 3 has 15 cases criminal history, which has been explained in para-18 of the affidavit filed in support of the bail application as well as in para-2 of the supplementary affidavit. Charge sheet has already been filed on 02.07.2023. It is further submitted that similarly placed co-accused Subhash Banwasi and Chhotey Lal have already been granted bail by the co-ordinate Bench of this Court vide order dated 27.07.2023 passed in Criminal Misc. Bail Application No. 13684 of 2023. Applicants are languishing in jail since 09.09.2022. It is further submitted that after three years, the deposition of witness has not been started and therefore, there are very dim chance of conclusion of trial in near future. It is also undertaken that they will abide by all terms and conditions as imposed by this Court while granting bail. Learned counsel prayed that considering the aforesaid facts and circumstances, the applicants may be enlarged on bail. 4. Per contra, learned A.G.A. appearing on behalf of State vehemently opposed the bail application but could not dispute the aforesaid facts as stated by learned counsel for the applicants. 5.Heard learned counsel for the applicants as well as learned A.G.A. appearing on behalf of the State in advance notice and perused the contents of the F.I.R. as well as other material available on record. 6. The co-accused Subhash Banwasi and Chhotey Lal have already been granted bail by the co-ordinate Bench of this Court vide order dated 27.07.2023. They are languishing in jail about two and half years. Charge sheet has been filed and trial has already been commenced. There are no chance of completion of trial in near future. It is also undertaken by the counsel for the applicants that they will abide by all terms and conditions as imposed by this Court while granting bail. 7. Taking into consideration the all entirety of the matter as discussed above, nature of offence, period of incarceration and also the fact that there is no chance of conclusion of trial in near future, without expressing any opinion on the merits of the case, I am inclined to grant bail to the applicants. Accordingly, the bail application is allowed. 8. Let the applicants- Banarsi 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.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 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 applicants 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.7 Order Date :- 8.5.2025 AKT (Chandra Dhari Singh, J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad