Neutral Citation No. - 2025:AHC:86729 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16617 of 2025 Applicant :- Jitendra Kumar Alias Sonu Maurya Opposite Party :- State of U.P. Counsel for Applicant :- Ram Janam Shahi 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. 88 of 2025, under Sections 309 (6), 61 (2), 238 and 317 (2) of B.N.S., Police Station Nigohi, District Shahjahanpur. 2. Learned counsel appearing on behalf of 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 is not named in the F.I.R. He has been arrested by the police on the information received by the informant. Learned counsel further submitted that allegedly recovery of Rs. 49,000/- has been shown from the possession of the applicant. The said recovery has been made without following the procedure prescribed under the law. There are no independent witness of the said recovery. It is further submitted that investigation has been completed and charge sheet has been filed on 11.05.2025. Cognizance has been taken by the competent Court. Applicant is languishing in jail since 25.02.2025. There are two cases criminal history of the applicant which has been explained in paragraph nos. 15 and 16 of the affidavit filed in support of bail application. It is also submitted that in both the criminal cases after completion of investigation, final report was submitted by the police. 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 counsel 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 Ram Janam Shahi, learned counsel for the applicant as well as Sri Vinay Kumar Singh, learned State Law Officer 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 languishing in jail since 25.02.2025.The applicant is not named in the first information report. Alleged recovery of Rs. 49,000/- shown from the possession of the applicant is also disputed by learned counsel for the applicant on the ground that no prescribed procedure has been followed while making the recovery memo. There are no independent witness of the said recovery. After completion of investigation, charge sheet has been filed as stated above. Cognizance has been taken by the competent Court. After perusal of the case diary, there are no credible evidence on record to connect the applicant in the instant case at this stage. There are very dim chance of conclusion of trial in near future. It is also undertaken on behalf of applicant 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- Jitendra Kumar Alias Sonu Maurya, 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 :- 22.5.2025 AKT (Chandra Dhari Singh, J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad