Neutral Citation No. - 2025:AHC:12063 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42795 of 2024 Applicant :- Shamshad @ Pakanna Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri R. K. Yadav, learned counsel for the applicant, Sri S. K Ojha, learned AGA for the State-Respondent and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Shamshad @ Pakanna, seeking enlargement on bail in Case Crime No. 113 of 2024, under Sections 379, 411, 413, 414 of the Indian Penal Code, and Section 3/25 of the Arms Act, Police Station Phoolpur, District Prayagraj. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that the allegation against the applicant is of having theft of one Bolero, which was registered in the name of the informant. He further submits that the FIR has been lodged after the delay of six days of which no plausible explanation has been given. The allegation that the said vehicle has been recovered from the possession of the applicant is false and fabricated. There is no independent eye-witness of the alleged crime and the police has implicated the applicant due to ulterior motive. The applicant is languishing in jail since 28.06.2024. The applicant has criminal antecedents of three cases, in which the applicant has already been enlarged on bail. He further submits that there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for. Learned counsel for the informant as well as learned AGA has vehemently opposed, but could not dispute the aforesaid fact. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima-facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Shamshad @ Pakanna, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 23.1.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad