Neutral Citation No. - 2025:AHC:36374 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2347 of 2025 Applicant :- Shakib Khan Opposite Party :- State of U.P. Counsel for Applicant :- Diwan Saifullah Khan,Ritvik Srivastava 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 439 Cr.P.C. has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 190 of 2024, under Sections 419, 420, 467, 468, 471, 406, 120-B IPC, Police Station Shahpur, District Gorakhpur, during the pendency of trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant is neither owner nor driver of the alleged truck. The mobile number mentioned in the FIR does not belong to the applicant. No recovery was made from the possession of the applicant. No test identification parade was got conducted by the police authorities. At this stage, there is no credible evidence to link the applicant with the offence. It is next contended that identically placed co- accused Dinesh Kumar Rai has been granted bail by the co- ordinate Bench of this Court vide order dated 03.10.2024 passed in Criminal Misc. Bail Application No. 35341 of 2024. The criminal history of the applicant has been explained in paragraphs 31, 32 and 33 of the affidavit. The applicant is in jail since 25.11.2024 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 no test identification parade was got conducted by the police authorities. At this stage, there is no substantive evidence to link the applicant with the offence. Identically placed co-accused Dinesh Kumar Rai has been granted bail by the co-ordinate Bench of this Court. The applicant has remained confined for more than three 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. Let the applicant Shakib Khan involved in the aforesaid case be released on bail on his furnishing a personal bond and two heavy 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; and, (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 :- 12.3.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad