Neutral Citation No. - 2025:AHC:11333 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31950 of 2024 Applicant :- Amarjeet Kumar Chaudhary Opposite Party :- State of U.P. Counsel for Applicant :- Saurabh Pandey Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Counter affidavit filed by the learned A.G.A. for the State is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State-opposite party and perused the record. 3. The instant bail application under Section 483 of B.N.S.S. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 115 of 2024, under Sections 309(6), 317(1), 61(2) of B.N.S., Police Station Duddhi, District Sonbhadra, during the pendency of the trial. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The alleged vehicle was recovered from an open place on the next day of incident. There is no independent witness to the alleged recovery. The name of the applicant was disclosed by co-accused Munna Gupta in the police custody. The said statement, insofar as it implicates the applicant, is unreliable. At this stage, there is no credible evidence to link the applicant with the offence. The applicant is in jail since 08.07.2024. Criminal history of the applicant has been explained in para no.10 of the supplementary affidavit. If the applicant is released on bail, he will not misuse the said liberty. 5. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that the alleged vehicle was recovered from an open place on the next day of incident. There is no independent witness to the alleged recovery. The name of the applicant was disclosed by co-accused Munna Gupta in the police custody. At this stage, there is no credible evidence to link the applicant with the offence. Further, the applicant has remained confined for almost seven months and after submission of the charge-sheet there is no hope of early conclusion of trial, and 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, therefore, 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- Amarjeet Kumar Chaudhary, 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 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; and, (iii) shall not pressurize the prosecution witnesses. 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 :- 22.1.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad