Neutral Citation No. - 2025:AHC:12175 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40561 of 2024 Applicant :- Vijay Patel Alias Mangal Opposite Party :- State of U.P. Counsel for Applicant :- Sharad Kumar Srivastava,Suresh Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed on behalf of the applicant in the Court is taken on record. 2. Heard Sri Sharad Kumar Srivastava, learned counsel for the applicant and Sri Ajeet Madhesiya, learned Brief Holder for the State-respondent. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.11 of 2024, under Sections 396, 412, 420, 467, 471, 427 IPC, Police Station Nawabganj, District Prayagraj, during pendency of the trial. 4. FIR of the present case was lodged on 16.01.2024 against unknown person, under Sections 279, 304-A, 427, 379 I.P.C. and according to the FIR on 15.01.2024 driver of the container after loading 41 motorcycles met with an accident and died. It is further mentioned in the FIR that out of 41 motorcycles, 10 motorcycles were missing. 5. Learned counsel for the applicant submits that initially FIR of the present case was lodged against unknown person with regard to accidental death and theft of ten motorcycles but after nine months on 15.09.2024 on the basis of statements of two co- accused persons, applicant has been made accused in the present matter and after their statements, case was converted under Sections 396, 412 I.P.C. 6. He further submits that except the statements of co-accused, there is no other evidence, which can suggest that it is a case of dacoity. 7. He further submits that even except the statements of co- accused, there is no other cogent evidence against the applicant on record too except the fact that as per allegation when applicant was arrested then from his possession one of the vehicle was recovered, which chasis number was matched with one of the stolen vehicle but merely on this basis, it cannot be said that applicant participated in the alleged crime of dacoity and loot. 8. He further submits that applicant is having no criminal history and in the present matter, he is in jail since 15.09.2024. 8. Per contra, learned AGA however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 9. I have heard both the parties and perused the record of the case. 10. Considering the argument advanced by learned counsel for the applicant and the fact that applicant has been made accused in the present matter after nine months through the statements of co- accused and except the statements of co-accused, there is no other cogent evidence against the applicant on record and applicant is having no criminal history and in the present matter, he is in jail since 15.09.2024, in my view applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant- Vijay Patel Alias Mangal be released on bail in the aforesaid case on 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 appear before the trial court on the dates fixed, unless her personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 13. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 14. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 23.1.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad