Neutral Citation No. - 2025:AHC:33776 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1389 of 2025 Applicant :- Praveen Alias Anil Alias Langda Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Faisal Khan Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Supplementary affidavit filed by counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant, learned AGA for the State-respondent and perused the record. 3. The instant bail application under Section 483 of BNSS has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 307 of 2024, under Sections 318(4), 317(2), 336(3) BNS, Police Station Kandhala, District Shamli, during the pendency of trial. 4. Counsel for the applicant submits that the applicant was not named in the first information report. On the basis of information furnished by the informer, the applicant was arrested on 21.10.2024 along with two other co-accused. False recovery of Rs.10,000/- has been shown from the applicant. There is no independent witness to the alleged recovery. There is no CCTV footage available on the case diary. No test identification parade was got conducted by the police authorities. At this stage, there is no credible evidence to link the applicant with the offence. The criminal history of the applicant has been explained in paragraph no.16 of the bail application and in paragraph no.2 of the supplementary affidavit. The applicant is in jail since 21.10.2024 and in case he is enlarged on bail, he will not misuse the said liberty. 5. Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having heard counsel for the parties and having perused the record, this Court prima facie finds that the applicant was not named in the FIR. There is no independent witness to the alleged recovery. No test identification parade was got conducted by the police authorities. At this stage, there is no substantive evidence to link the applicant with the offence. Further, the applicant has remained confined for more than four months and after submission of the charge-sheet 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 delay the trial 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. 7. Let the applicant Praveen Alias Anil Alias Langda, involved in the aforesaid case be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; (iii) shall not pressurize the prosecution witnesses; and 8. 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 :- 7.3.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad