Neutral Citation No. - 2025:AHC:89191 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16981 of 2025 Applicant :- Babloo Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Raghvendra Prakash Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application has been filed under Section 483 of BNSS, seeking bail in Case Crime No. 654 of 2024, under Sections 303 (2), 317 (4), 317 (5), 338, 336 (3), 340 (2), 317 (2), 112 (2) of BNS, Police Station Kotwali, District-Azamgarh. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case. False recovery of a motorcycle and one countrymade pistol has been shown from the possession of the applicant. There is no independent witness of the alleged recovery shown from the possession of the applicant. It is further submitted that similarly placed co-accused Monu Chauhan has already been granted bail by this Court vide order dated 02.05.2025 passed in Criminal Misc. Bail Application No.11695 of 2025 and, therefore, the applicant is also entitled to be released on bail on the ground of parity. Criminal history of nine cases of the applicant has been explained in para-17 of the paper book. The applicant is languishing in jail since 11.12.2024. It is next submitted that the investigation has been completed. The charge-sheet has been filed on 02.03.2025. The cognizance has already been taken by the competent court on 05.03.2025. Learned counsel for the applicant undertakes that the applicant shall abide by all terms and conditions imposed by this Court while granting the bail. He has prayed for enlarging the applicant on bail. 3. Per contra, learned counsel appearing on behalf of the State has vehemently opposed the instant bail application but he could not dispute the aforesaid facts as stated by the learned counsel appearing on behalf of applicant. 4. Heard learned counsel for the applicant, Sri Om Prakash Mishra, learned AGA for the State and perused the material available on record. 5. Taking into consideration of aforesaid reasons as stated above and the fact that similarly placed co-accused Monu Chauhan has already been granted bail by this Court, without expressing any opinion on the merit of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 6. Let the applicant - Babloo Chauhan, who is involved in the 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 the 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 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 26.5.2025 Pratima (Chandra Dhari Singh,J.) Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad