Neutral Citation No. - 2025:AHC:103792 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18317 of 2025 Applicant :- Mohd Zama @ Sultan Village Sakhani Opposite Party :- State of U.P. Counsel for Applicant :- Ahamad Farhan,Haya Rizvi Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Ms. Haya Rizvi, learned counsel for the applicant, learned A.G.A. and perused the record. 2.Instant application filed under Section 483 of B.N.S.S seeking bail in Case Crime No. 152 of 2025, under Sections 310 (2), 351 (2) and 317 (3) of B.N.S., Police Station Anoopshahar, District Bulandshahar. 3. Learned counsel appearing on behalf of the applicant submitted that applicant is an innocent person and he has not committed any offence as alleged in the first information report. He was arrested by the police on the information received by the informer and has been falsely implicated in the instant case. It is further submitted that one motor cycle splendor, two mobile phones and Rs.12,00/- cash have been recovered from the joint possession the accused persons including the applicant. Learned counsel has disputed the said recovery shown from the possession of the applicant submitting that Investigating Agency while making the recovery memo has not followed the procedure prescribed under the law. Recovery memo has been prepared without any independent witness. Applicant is languishing in jail since 12.04.2025. Applicant has no previous criminal history. Learned counsel further submitted that after completion of investigation, charge sheet has been filed on 06.05.2025. 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. It is further submitted that co-accused Sarik Rajaa alias Lucky has already been granted bail by co-ordinate Bench of this Court vide order dated 26.05.2025 passed in Criminal Misc. Bail Application No.16905 of 2025. Therefore, the applicant is also entitled to be released on bail on the ground of parity with the co-accused. 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- Mohd Zama @ Sultan Village Sakhani, 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 :- 3.7.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad