Neutral Citation No. - 2025:AHC:107210 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17207 of 2025 Applicant :- Rafeeq Opposite Party :- State of U.P. Counsel for Applicant :- Diwan Saifullah Khan Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri D.S. Khan, learned counsel for the applicant, Sri Ramesh Kumar, learned A.G.A. and perused the record. 2. The instant application has been filed to enlarge the applicant on bail in case crime No. 64 of 2025, under Sections 331(4), 305, 3(5), 317(2) BNS, P.S. Linkroad, District Ghaziabad. 3. Contention of learned counsel for the applicant is that as per the CCTV footage, which is a part of the case diary, the applicant was not found at the time of alleged theft and it shows involvement of the brother of the applicant, namely, Zamil. However, on the basis of false recovery, which was not witnessed by any independent witness, the applicant was falsely implicated merely because he was the brother of the accused Zamil. The applicant is a law abiding citizen and he is languishing in jail since 16.2.2025. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned A.G.A. for the State opposed the prayer for bail, but he could not dispute the aforesaid fact. 5. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Rafeeq, involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- i. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 8.7.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad