Neutral Citation No. - 2025:AHC:114519 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21785 of 2025 Applicant :- Ahsan And Another Opposite Party :- State of U.P. Counsel for Applicant :- Indra Prakash Gupta, Mohammad Danish, Zafeer Ahmad Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Mohammad Danish, learned counsel for the applicants, Sri Ramesh Kumar, learned A.G.A. for the State and perused the record. 2. Instant bail application has been filed with a prayer to release the applicants on bail during the trial in Case Crime No.89 of 2025, under Sections 318(4), 338, 336(3), 340(2), 316(2) BNS, Police Station- Bahjoi, District Sambhal. 3. Contention of learned counsel for the applicants is that the applicants were not named in the FIR. Subsequently, on the basis of recovery of certain tractors from the godown of co-accused, the applicants have been falsely implicated merely because they were also found present in the godown of co-accused at the time of recovery of tractors which were mortgaged to Kotak Mahindra Finance Company. It is further submitted that the applicants are mechanics who are working in mechanic shop adjoining to the godown of co-accused. He further contended that charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. The applicant no.1 has one case criminal history prior to this case, which has been explained in para 31 of the accompanying affidavit. So far as applicant no.2 is concerned, he has no criminal history. They have been languishing in jail since 16.03.2025. In case, they are granted bail, they 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. 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 applicants are entitled to be enlarged on bail. 6. Let the applicants - Ahsan and Abdul involved in the aforementioned crime be released on bail, on their 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 applicants 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 applicants shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicants shall attend in accordance with the conditions of the bond executed by them. 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 :- 16.7.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad