Neutral Citation No. - 2025:AHC:19948 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2676 of 2025 Applicant :- Rashim Khan Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Vikram Yadav,Jetendra Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant, learned A.G.A. for the State- respondent and perused the record. 2. The instant bail application under Section 483 (1) BNSS has been filed with the prayer to enlarge the applicant on bail in Case Crime No.423/ 2024, under Sections 331(1), 305A and 317(2) of B.N.S., Police Station Rasoolpur, District Firozabad, during the pendency of the trial. 3. Counsel for the applicant submits that the applicant was not named in the first information report. The applicant was arrested on 06.12.2024 alongwith co-accused in Case Crime No.0426 of 2024, under Sections 3/25 Arms Act, 1959, P.S.- Rasoolpur, District Firozabad and has been falsely implicated in the instant case. False recovery of ornaments of yellow and white metal and Rs.4,500/- have been shown from the applicant. There is no independent witness to the alleged recovery. The applicant is in jail since 06.12.2024, having no criminal history and in case, he is enlarged on bail, he will not misuse the said liberty. 4. Learned A.G.A. 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 the applicant was not named in the first information report. There is no independent witness to the alleged recovery. Further, the applicant has no criminal antecedents and has remained confined for almost two 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 applicants, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. 6. Let the applicant Rashim Khan, involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not temper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; and, iii. the applicant shall appear on each and every date fixed by the trial court. 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 :- 11.2.2025 Radhika Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad