Neutral Citation No. - 2025:AHC:87895 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16765 of 2025 Applicant :- Akash Patel Opposite Party :- State of U.P. Counsel for Applicant :- Niraj Kumar Thakur,Sharad Kumar Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. Instant application has been filed by the applicant under Section 483 of the BNSS, 2023 for seeking bail in Case Crime No. 0567 of 2024 under Sections 311, 61(2), 317(2) of BNS, Police Station - Bhelupur, District - Varanasi, during pendency of the trial. 2. Learned counsel appearing on behalf of the applicant submitted that the applicant is not named in the F.I.R. It is submitted that he has been falsely implicated in the said case as he has not committed any offence as alleged. His name came in the confessional statement of co-accused Mukul Sharma. It is further submitted that injury which has been sustained by injured person has not been assigned to the present applicant and the said injury, sustained by the injured, was assigned to the main co-accused- Mukul Sharma. There is no previous criminal history of the present applicant and therefore, the present applicant is a person of clean antecedents. He further submitted that the applicant is languishing in jail since 08.01.2025 and the recovery of gold ornaments from the possession of the applicant was planted by the police. It is also submitted that the police has not followed the procedure prescribed under the law while making recovery from the applicant. There is no independent witness of the said recovery. It is also undertaken that applicant will abide by all terms and conditions imposed by this Court while granting the bail. The investigation has been completed and charge sheet has been filed on 13.02.2025 qua the present applicant. He further submitted that in view of the above facts and circumstances as no material is available to connect the applicant with the present offence, he may be released on bail. 3. Per contra, learned counsel appearing on behalf of State vehemently opposed the instant bail application and contended that there are recovery of the gold ornaments from the possession of the applicant and there are sufficient evidences on record to connect the applicant with the instant offence. It is submitted that it is clearly contained in the statement of co-accused to establish the involvement of the present applicant in the said commission of the crime, therefore, he is not entitled for any leniency by this Court while granting bail. 4. Heard Sri Sharad Kumar, learned counsel for the applicant as well as Sri Yogendra Singh, learned A.G.A. appearing on behalf of the State and perused the material on record. 5. It is admitted fact that there is no previous criminal history of the present applicant and he is a first time offender. Except the confessional statement of the co-accused, there are no material on record to connect or link the present applicant with the said crime. The charge sheet has already been filed to the concerned court and there are no chance for completion of the trial in near future. The applicant has also undertaken to abide with the terms and conditions imposed by this Court while granting the bail. 6. Taking into consideration, the aforesaid reasons as stated 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 - Akash Patel 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. . (Chandra Dhari Singh, J.) Order Date :- 23.5.2025/Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad