Neutral Citation No. - 2025:AHC:62149 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46430 of 2024 Applicant :- Sunny Alias Ashok Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. Learned counsel for the applicant has argued that the F.I.R. was lodged against unknown persons with the allegation that when the informant was sitting in his verandah after shutting down his clinic, then some persons came there and asked for treatment, then the informant told them that time of clinic is over, then one person put his pistol and pulled him down. When the wife of the informant reached there, they also assaulted her and after tying both husband and wife all the accused committed robbery and took forty thousand rupees and some jewelries. Learned counsel further submits that the alleged incident was occurred on 16.08.2023 and after 15 days, i.e., on 31.08.2023 the police arrested the applicant along with six other persons in a police raid showing recovery of Rs. 2,950/- from the applicant, thereafter, police registered another case against all the accused persons who were arrested along with the applicant. Learned counsel for the applicant further submits that there is no other evidence linking the applicant with the alleged crime. It is highly improbable that an accused person will keep the theft goods with him for such a long period in order to facilitate the recovery. Learned counsel further submits that all the other six accused persons have been enlarged on bail. The case of applicant is not on the worse footing than that of the other six co- accused, who have enlarged on bail, therefore, the applicant may also be enlarged on bail on the ground of parity. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. As to the criminal history, there is one case into the credit of applicant under Gangsters Act. He next submits that the applicant is in jail since 31.08.2024. 3. Though, the learned A.GA. for the State has opposed the prayer for bail but he could not dispute factual matrix of the case. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicant-Sunny Alias Ashok, be enlarged on bail in Case Crime No. 337 of 2023, under Sections 395, 412 I.P.C., Police Station- Kotwali, District- Budaun, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. Order Date :- 23.4.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad