Neutral Citation No. - 2025:AHC:81443 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15723 of 2025 Applicant :- Sunil Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Dutt Awasthi 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. 29 of 2025, under Sections 318 (4), 319, 351 (2), 352, 336 (3), 317 (2), 338, 340 (2) of B.N.S., Police Station Ayana, District Auraiya. 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 has been falsely implicated in the instant case due to ulterior motive. Applicant was not named in the first information report. His name was disclosed on his arrest alongwith other co-accused. The alleged recovery of Rs. 13,000/- and one mobile phone shown from the possession of the applicant are false and has been made without following the procedure prescribed under law. Learned counsel further submitted that there are no independent witness of the said recovery. Applicant is a man of clean antecedents and he is languishing in jail since 19.03.2025. Investigation is still going on. Learned counsel further submitted that there are no evidence available on record to link the applicant in instant case. 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 K. D. Awasthi, learned counsel for the applicant as well as Sri K. P. Pathak, learned A.G.A. appearing on behalf of the State in advance notice and perused the contents made in the first information report as well as material placed on record. 5. It is admitted fact that applicant is a man of clean antecedents and he was not named in the first information report. His name was disclosed on his arrest alongwith other co-accused persons. Alleged recovery shown from the possession of the applicant as stated above, is also disputed by learned counsel appearing on behalf of applicant. Investigation is still going on. There are very dim chance of conclusion of trial in near future. No material brought on record by learned A.G.A. that if the applicant is enlarged on bail, he may influence the trial or investigation. 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 grant bail to the applicant. Accordingly, the bail application is allowed. 7. Let the applicant- Sunil Kumar, 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 :- 16.5.2025 AKT (Chandra Dhari Singh, J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad