Neutral Citation No. - 2025:AHC:11534 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1250 of 2025 Applicant :- Anuj Kumar Alias Pankaj Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Verma,Sameer Khan Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant, Sri V.P.Tripathi, learned AGA for the State-respondent 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. 317 of 2024, under Sections 310(2), 317(3) of BNS and Sections 9(1)(a)(i)/25(2) of Arms Act, Police Station Pakbada, District Moradabad during the pendency of trial. 3. Counsel for the applicant submits that the applicant was not named in the first information report. On the basis of information furnished by an informer, the applicant was arrested along with four other co-accused. Recovery of a country made pistol, two live cartridges and Indian currency of Rs. 64,500/- has been shown from the applicant. There is no independent witness to the alleged recovery. False recovery of a black bag, documents and other articles has also been shown from the applicant and four other co- accused. The alleged articles were planted to frame the applicant in the instant case. The applicant is in jail since 29.08.2024 having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty. 4. Learned AGA 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. At present, there is no substantive evidence to link the applicant with the offence. The applicant has no criminal antecedents. 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. 6. 6. Let the applicant Anuj Kumar Alias Pankaj, involved in the aforesaid case 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 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. 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 :- 23.1.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad