Neutral Citation No. - 2025:AHC:118325 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24030 of 2025 Applicant :- Abbas Malik Alias Basu Opposite Party :- State of U.P. Counsel for Applicant :- Satish Kumar Tyagi Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. Learned counsel for the applicant further submits that applicant is named along with seven other accused persons. The allegation made in the F.I.R. is that on a tip of informer when the police party intercepted a car the applicant and one other stepped down from it and from their possession nothing incriminating article was recovered and in their confessional statements these accused confessed that they came to purchase stolen RRU boxes from some persons who were also apprehended by the police who were six in numbers and were also named in the F.I.R. and from their possession certain articles were said to have been recovered. Learned counsel further submits that, that co-accused who was arrested along with the applicant and from whose possession nothing was recovered as the case of applicant, as well as some other accused from whose possession recovery as made, have already been granted bail, hence, being the case of applicant not on the worse footing than that of the other accused persons who have been granted bail, the applicant is also entitled for bail. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant is in jail since 02.05.2025 with no criminal history. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicant-Abbas Malik Alias Basu, be enlarged on bail in Case Crime No. 254 of 2025, under Sections 317(2), 317(4), 317(5) of B.N.S., Police Station- Surajpur, District- Gautam Buddh Nagar, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. Order Date :- 21.7.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad