Neutral Citation No. - 2025:AHC:19146 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46442 of 2024 Applicant :- Deepak Gupta Alias Chunnu Opposite Party :- State of U.P. Counsel for Applicant :- Piyush Patel,Pradeep Kumar Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri S.K. Singh Advocate holding brief of Sri Pradeep Kumar, learned counsel for the applicant and Sri Rajiv Dhar Dwivedi, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 384 of 2024, under Sections 303(2), 317(2) BNS, Police Station Kotwali, District Maharajganj, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that FIR of the present case was lodged against unknown person with regard to the theft of the tractor and during investigation applicant has been made accused in the present matter but admittedly the alleged stolen tractor was not recovered from his possession. 4. He further submitted that alleged stolen tractor was recovered from the possession of Harikesh Chauhan and co-accused Harikesh Chauhan has already been released on bail by this Court and his bail order has been annexed at page 31 of the paper book and case of applicant is even on better footing than him. 5. He further submitted that however, apart from the present case, applicant is having criminal history of two other cases but his criminal antecedents have been explained in the instant bail application and all the alleged offences are triable by Magistrate punishable with maximum punishment of five years and in the present matter, applicant is in jail since 11.8.2024 i.e. for last six months. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. Considering the arguments advanced by learned counsel for the applicant and the fact that co-accused Harikesh Chauhan has already been released on bail by this Court and case of applicant is on better footing than him and criminal history of two cases of the applicant has been explained in the instant bail application and all the alleged offences are triable by Magistrate punishable with maximum punishment of five years and in the present matter, applicant is in jail for last more than six months, in my view, applicant is entitled to be released on bail. 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 10. Let the applicant-Deepak Gupta Alias Chunnu, 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 his 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. 11. 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. 12. 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 :- 10.2.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad