Neutral Citation No. - 2025:AHC:21707 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2299 of 2025 Applicant :- Mohd Ashif Opposite Party :- State of U.P. Counsel for Applicant :- Manjur Mohammad Ansari,Mo Shadab,Mohd Haleem Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant and Sri P.K. Tripathi, learned A.G.A. for the State-opposite party. 2. The instant bail application under Section 483 B.N.S.S. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 149 of 2024, under Sections 331(4), 305(A), 317(2), 317(4) B.N.S., Police Station Kaundhiara, District Prayagraj during the pendency of the trial. 3. Learned counsel for the applicant submits that the applicant was not named in the first information report. The applicant was arrested after three months of the alleged incident along with two other persons and has been falsely implicated in the instant case. False recovery of Rs.57,300/- and an anklet (Payal) of white metal has been shown from the applicant. There is no independent witness to the alleged recovery. At this stage there is no credible evidence to link the applicant with the offence. The criminal history of the applicant has been explained in Paragraphs- 13 and 17 of the affidavit. The applicant is in jail since 03.11.224 and if he is released 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 learned counsel for the parties and after perusal of 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. At this stage there is no substantive evidence to link the applicant with the offence. Moreover, the applicant has remained confined for almost three 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. 6. Let the applicant- Mohd. 6. Let the applicant- Mohd. Ashif, 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 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; and, (iv) shall appear on the first Sunday of every month at the police station concerned. 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 :- 14.2.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad