Bail may be granted based on the totality of facts, nature of evidence, and duration of incarceration, provided the court finds it a fit case, without prejudicing the final trial outcome.

1. Heard Subham Singh, learned counsel for the applicant, and Shri Ashish Kumar Tripathi, learned AGA for the State-respondents and perused the record.

2. At the very outset, learned counsel for the applicant seeks permission to make necessary correction in the memo of application and he is permitted to-do-so during the course of the day.

3. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant, with a prayer to release him on bail in Case Crime No.07 of 2026, under Sections 305, 331(4), 317(2) of B.N.S. and Section 9(1)(a)(i), 25(2) Arms Act, registered at Police Station Kotwali, District Meerut, during pendency of the trial.

4. It has been submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is further submitted that the first information report has been lodged against unknown and as per first information report, some jewellery and household articles are said to have been stolen away from the house of the first informant. It is further submitted that during investigation, some stolen articles are said to have been recovered from the possession of the applicant and other co-accused persons. It is further submitted that the applicant is languishing in jail since 06.01.2026, undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.

5. Per contra learned A.G.A. has opposed the prayer for bail of the applicant.

6. As per first information report, some unknown persons are said to have committed theft from the house of the first informant and some other stolen articles are said to have been recovered from the possession of the applicant and other co-accused persons. It is further submitted that the applicant is languishing in jail since 06.01.2026.

7. Upon considering the totality of facts, nature and the evidence reflected from record and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is allowed.

8. Let the applicant- Hamdan involved in the aforesaid case crime shall be released on bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned :-

(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 not pressurize/intimidate the prosecution witnesses.

(iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S.

(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court.

(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.

9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

10. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclu