Neutral Citation No. - 2025:AHC-LKO:3413 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 329 of 2025 Applicant :- Riyaz And Another Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Lko Counsel for Applicant :- Bhupendra Veer Singh,Aman Bahadur Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicants, the learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicants with a prayer to release the applicant on bail during the trial in Case Crime No.363 of 2024, under Section 331 (4), 305, 317 (2) BNSS, P.S. Laharpur, District Sitapur. It is contended by learned counsel for the applicants that the applicants are innocent and they have been falsely implicated in the present case. He submits that though recovery of certain articles are shown from possession of the applicants but there is no independent public eye witness and the police has failed to connect those articles with the applicant and get it identified from the actual owner concerned. He further submits that there is four cases criminal history of the applicants, which has been explained in para 4 of the supplementary affidavit and the applicants are languishing in jail since 4.10.2024 and in case, the applicants are granted bail, they will not misuse the liberty and would co-operate in the trial proceedings. Per contra, learned A.G.A. vehemently opposed the prayer of bail and submitted that the applicants are involved in committing the aforesaid offence, as such, they are not entitled to be released on bail. Having heard the learned counsel for the parties and after perusal of record, it transpires that though recovery of certain articles are shown from possession of the applicants; there is no independent public eye witness; the police has failed to connect those articles with the applicants and get it identified from the actual owner concerned; there is four cases criminal history of the applicants, which has been explained in para 4 of the supplementary affidavit; the applicants are languishing in jail since 4.10.2024; and they have undertaken that they will not misuse the liberty of bail if granted and would co-operate in the trial proceedings. Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a case of bail. Let the applicant Riyaz and Haleem involved in the aforementioned crime be released on bail, on their furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- (1) The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. They shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code; (3) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and (4) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against them, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicants to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 20.1.2025 Ram Murti Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench