Neutral Citation No. - 2025:AHC:35827 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1067 of 2025 Applicant :- Danish Opposite Party :- State of U.P. Counsel for Applicant :- Javed Habib Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned Counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant bail application, under Section 483 BNSS, has been filed with a prayer to enlarge the applicant on bail in Case Crime No.829 of 2024, under Sections 318(4), 336(3), 340(2), 317(5) B.N.S., Police Station Baheri, District Bareilly. , during pendency of the trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. False recovery of engines of truck has been shown from the possession of the applicant. There is no independent witness to the alleged recovery. The recovered engines cannot be connected with any offence. At this stage, there is no credible evidence to link the applicant with the offence. Criminal history of the applicant has been explained in para 28 of the affidavit. The applicant is in jail since 24.09.2024. In case he is enlarged on bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that there is no independent witness to the alleged recovery. The recovered engines cannot be connected with the alleged offence. At this stage, there is no substantive evidence to link the applicant with the alleged offence. Further the applicant has presently remained confined for more than five months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting 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, Danish involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not tamper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 11.3.2025 Abhishek Singh Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad