Neutral Citation No. - 2025:AHC:109957 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23785 of 2025 Applicant :- Abhishek Alias Chhotu Opposite Party :- State of U.P. Counsel for Applicant :- Mohd Zubair Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Mohd. Zubair, learned counsel for the applicant, Sri Raj Bahadur, learned A.G.A. and perused the record. 2. This bail application has been moved on behalf of accused- applicant, seeking enlargement on bail in Case Crime No. 129 of 2025, under Sections 309(4), 309(6), 317(2), 61(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Atarra, District Banda, during the trial of the case. 3. Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and has been falsely implicated in the said case. It is also submitted that the applicant is not named in the FIR. He was arrested by the police on the information received from the informer. On arrest, the recovery of Rs. 8000/- and one mobile was shown by the police from the possession of the applicant.The said recovery was made without following the procedure prescribed under law. There are no independent witness of the said recovery. It is further submitted that the applicant is languishing in jail since 13.04.2025. He is a man of clean antecedents and has no previous criminal history. It is next submitted that after completion of the investigation, the charge-sheet has been filed on 09.05.2025. It is further submitted that co-accused Arun Sonkar has already been granted bail by this Court on 29.5.2025 in Bail Application No. 18754 of 2025. Therefore, the applicant is also entitled to be released on bail on the ground of parity with co-accused Arun Sonkar. Learned counsel for the applicant undertakes that the applicant shall abide by all terms and conditions imposed by this Court while granting the bail. He has prayed for enlarging the applicant on bail. 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- Abhishek @ Chhotu, 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 :- 10.7.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad