Neutral Citation No. - 2025:AHC:88092 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16813 of 2025 Applicant :- Gangu Opposite Party :- State of U.P. Counsel for Applicant :- Akash Mishra,Amit Daga Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, seeking enlargement on bail in Case Crime No. 250 of 2024, under Sections 109, 191(2), 191(3) and 190 of the Bharatiya Nyaya Sanhita, 2023, Police Station Nagal, District Saharanpur during the trial of the case. 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 F.I.R. It is also submitted that the applicant was not named in the FIR. He was arrested by the police on the information received from the informer. On arrest, the police has shown alleged recovery of yellow metal ornaments and Rs. 5600/- without following procedure prescribed under law and without any independent witness of the said recovery, he has prepared recovery memo. It is further submitted that the applicant is languishing in jail since 06.09.2024 and he has criminal history of eleven cases which has duly been explained in para 4 of the supplementary affidavit. It is next submitted that the other co-accused persons namely Chhotu, Patalia @ Patal Singh and Ganpat alias Ganesh on the similar footing have already been granted bail by the Co-ordinate Bench of this Court vide order dated 17.03.2025, 21.05.2025 and 21.04.2025 passed in Criminal Misc. Bail Application Nos. 8729 of 2025, 11553 of 2025 and 6543 of 2025 respectively. 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 State who has accepted notice in advance vehemently opposed the instant bail application but has not contradicted the facts as stated by learned counsel for the applicant during the arguments. 4. Heard Ms. Sapna Singh holding brief of Sri Amit Daga, learned counsel for the applicant as well as learned AGA for the State and perused the record. 5. It is admitted fact that the applicant is languishing in jail since 06.09.2024. The criminal history of eleven cases has already been explained in para 4 of the supplementary affidavit. Similarly placed co-accused Chhotu, Patalia @ Patal Singh and Ganpat alias Ganesh have already been granted bail by co-ordinate Bench of this Court. It is also undertaken that the applicant shall abide by all terms and conditions as imposed by this Court. Taking into consideration all entirety of the matter as discussed above, without expressing any opinion on the merit of the case, I am inclined to grant bail to the applicant. The bail application is allowed. 6. Let the applicant- Gangu 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 23.5.2025 Pratima (Chandra Dhari Singh,J.) Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad