Saurabh Lavania,J.

1. Heard Mr. Vinay Saran, Senior Advocate assisted by Mr. Ajay Kumar, learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.

2. The present bail application has been filed by the applicant seeking bail in Case Crime No.57 of 2022, under Sections 413,414 IPC, P.S. Achnera, District Agra.

3. Learned Senior Advocate appearing for the applicant submitted that accused-applicant is innocent and has been falsely implicated in the instant case. Prosecution has shown the recovery of Rs.21,110/- and some electronic equipment from the Alto Car No. DL 6 CR 9004 which was driven by the applicant at the relevant time. He submitted that the applicant was going from Agra to Delhi. It is further submitted that nothing incriminating material was recovered either from the possession of the applicant or on his pointing out and the alleged recovery shown against the applicant is nothing but planted one and the same has been shown in order to falsely implicate the applicant in the present case. Reason of false implication is that some dispute arose between the applicant and police concerned. It is also submitted that a bare perusal of the contents of the FIR would show that in the instant case the offence as mentioned in Section 413 IPC is not attracted. It is next submitted that the prosecution has not connected the alleged recovery with any other crime. The confessional statement of the applicant on which the prosecution is relying is inadmissible in evidence. In these circumstances, the story of the prosecution appears to be doubtful. Section 411 IPC would be attracted if the story of prosecution is taken on its face value in which the maximum sentence provided is three years, though there is no direct evidence available with the prosecution. The applicant is in jail since 18.2.2022 having no criminal history to his credit and the possibility of conclusion of trial in near future is extremely bleak.

4. Learned A.G.A. has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the accused-applicant.

5. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and keeping in mind the story of prosecution indicated in the FIR in the light of ingredients required to attract Section 413 as also that there is no public witness in the instant case, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

6. Let applicant- Dinesh Babu be released on bail in aforesaid Case Crime, on his furnishing personal bond to the satisfaction of the court concerned forthwith. Applicant is also directed to furnish two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.

(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.

(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.

(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.

(6) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

7. Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.