Neutral Citation No. - 2025:AHC:116421 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40123 of 2024 Applicant :- Kailash Kevat Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Tripathi,Ashish Kumar Maurya,Shiv Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Dilip Kumar Shukla, learned counsel holding brief of Sri Shiv Kumar Singh, learned counsel for the applicant and Ms Ruchi Mishra, learned State Law Officer for the State and perused the material available on record. 2. Applicant seeks bail in Case Crime No. 234 of 2024, under Sections 303(2), 317(2) of B.N.S., Police Station - Sipri Bazar, District - Jhansi, during the pendency of trial. 3. Contention of the learned counsel for the applicant is that applicant was not named in the first information report which was lodged regarding stealing first informant's bike bearing no. UP 93 BE 2895. Subsequently, applicant has been falsely implicated on the basis of recovery of 12 motorcycles which were found in adjacent ruins of a house and applicant was standing outside that house. It is further submitted that on the one hand aforesaid recovery was not witnessed by any independent witness and on the other hand bike regarding which first information report in question has been lodged, was not found at that place even then the applicant has been falsely implicated in the present case. It has been further submitted that all the offence are punishable upto 7 years. Charge sheet has already been submitted, therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and is languishing in jail since 08.08.2024. Criminal history of the applicant has been explained in supplementary affidavit. 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. for the State opposed the prayer for bail, but he could not dispute the aforesaid fact. 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- Kailash Kevat, 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 :- 17.7.2025 PS Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad