Neutral Citation No. - 2025:AHC-LKO:3419 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 319 of 2025 Applicant :- Divakar Opposite Party :- State Of U.P. Thru. Prin. Secy. Ministry Of Home Lko. Counsel for Applicant :- Manoj Kumar Misra Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, the learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with a prayer to release the applicant on bail during the trial in Case Crime No. 270 of 2024, under sections 319(2), 318(4), 338, 336 (3), 340(2) B.N.S.S. & section 103 of the Trade Marks Act, P.S.-Ibrahimpur, District Ambedkar Nagar. It is contended by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case. He submits that fertilizer, i.e., Urea is said to be recovered in the factory of one Salahuddin and the applicant was not arrested on spot though police on the basis of suspicion has implicated him also in the present matter. He next submits that from report of the District Agriculture OfÏcer appended at page 30 and 31, it is apparent that Dharmendra, Jai Ganesh and Vishal were present over the spot and the name of the applicant is nowhere mentioned in the report and in the F.I.R. lodged by the police also, the name of the applicant is not mentioned and in fact there is no substantial evidence against the applicant so as to connect him with the instant matter. He further submitted that there is no previous criminal history of the applicant, which has been explained in para 25 of the bail application and the applicant is languishing in jail since 24.10.2024 and in case, the applicant is granted bail, he will not misuse the liberty and would co-operate in the trial proceedings. Further submitted that the identically situated co- accused namely, Sonu has already been enlarged on bail by this court vide order dated 08-01-2025 passed in Criminal Misc. Bail Application No. 128 of 2025 and the applicant is seeking parity of the same. Per contra, learned A.G.A. vehemently opposed the prayer of bail and submitted that the applicant is involved in committing the aforesaid offence, as such, he is not entitled to be released on bail, but, he could not dispute the fact that the identically situated co-accused named above, has already been enlarged on bail. Having heard the learned counsel for the parties and after perusal of record, it transpires that the applicant was not arrested on spot; from report of the District Agriculture OfÏcer appended at page 30 and 31, it is apparent that Dharmendra, Jai Ganesh and Vishal were present over the spot and the name of the applicant is nowhere mentioned in the report; there is no substantial evidence against the applicant so as to connect him with the instant matter; there is no previous criminal history of the applicant, which has been explained in para 25 of the bail application; the applicant is languishing in jail since 24.10.2024; and he has undertaken that he 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,Divakar, involved in the aforementioned crime be released on bail, on his 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 applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code; (3) The applicant 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 applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, 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 applicant 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 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench