Neutral Citation No. - 2025:AHC:114505 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34090 of 2024 Applicant :- Dushyant @ Vishnu Opposite Party :- State of U.P. Counsel for Applicant :- Rishabh Agarwal,Satendra Singh,Satish Solanki Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Satish Solanki, learned counsel for the applicant and Sri Sunil Kumar Kushwaha, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 286 of 2024, under Sections- 318(4), 61(2a) of B.N.S., Police Station- New Agra, District-Agra, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that the applicant is innocent and he has been falsely implicated in the instant case. It has been submitted that merely on the basis of recovery of one motorcycle and educational certificate i.e. marksheet, residence certificate, caste certificate and NCC certificate of Abhishek Upadhyay from the possession of the applicant, the applicant has been implicated in the present case. There is no independent witness of the aforesaid recovery. It has been further submitted that all the offences are punishable upto 7 years. He further submitted that the applicant is a law abiding citizen and he is languishing in jail since 01.08.2024 having no criminal history to his credit. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned A.G.A. has opposed the prayer for bail. 5. Thus, considering the entire facts and circumstances of the case as well as law laid down by the Apex Court regarding offences punishable upto 7 years in Satender Kumar Antil Vs. Central Bureau of Investigation and Another reported in (2021) 10 SCC 773 and Siddharth vs State of U.P. and another; (2022) 1 SCC 676 and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion 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- Dushyant @ Vishnu involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- i. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 15.7.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad