Neutral Citation No. - 2025:AHC:65684 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33625 of 2024 Applicant :- Shyam Shankar Opposite Party :- State of U.P. Counsel for Applicant :- Vishwambhar Nath Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application under Section 483 of B.N.S.S. has been filed for bail in Case Crime No.275 of 2024, under Sections 318(4), 303(2), 317(2), 317(5) of B.N.S., Police Station - Etmaddaula, District - Police Commissionerate, Agra. 2. Learned counsel appearing on behalf of applicant has submitted that the F.I.R. was lodged against unknown persons. The applicant was arrested on 26.07.2024 by the police on the information received by his informer. After arrest, the name of applicant came into picture at the first time. It is further submitted that there are allegations made by the informant that he is involved in withdrawing the money from the account of informant by misleading and changing the A.T.M. Card. It is also submitted that recovery of Rs.500/-, Voter Card and A.T.M. Card were made from possession of the applicant. He has further submitted that all the allegations made by the applicant is false and fabricated and he has been falsely implicated in the instant case due to ulterior motive. It is also submitted that after investigation charge sheet has been filed on 18.09.2024. It is also submitted that applicant is the man of clean antecedents and he has no previous criminal history. Applicant is languishing in jail since 26.07.2024. 3. Taking into consideration the aforesaid facts, it is prayed on behalf of applicant that he may be released on bail in the aforesaid crime. It is further undertaken by learned counsel for the applicant that applicant shall abide by all terms and conditions as imposed by this Court. 4. Per contra, learned AGA vehemently opposed the bail application of applicant, but he has not contradicted the facts as stated by learned counsel for the applicant during arguments. 5. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 6. It is admitted fact that applicant is the man of clean antecedent and he has not committed any offence as alleged in the F.I.R., the charge sheet has been filed, the recovery has been disputed by the applicant, there is no material on record to show that the applicant will not cooperate in the trial or will influence the witness, applicant is languishing in jail about nine months and there is no possibility of completion of trial in near future. 7. Taking into consideration all the entirety of the matter as discussed above, without expressing any finding or opinion on merits of the case, the applicant is releasing on bail. Accordingly, the bail application is allowed. 8. Let the applicant - Shyam Shankar, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- (Fifty Thousand) and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. . (Chandra Dhari Singh, J.) Order Date :- 28.4.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad