Neutral Citation No. - 2025:AHC-LKO:21424 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1140 of 2025 Applicant :- Tribhuwan Kori Aka Lala Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Saurabh Kumar,Krishna Gopal,Sunil Kumar Misra Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of the State and perused the record. This first bail application has been filed with regard to Case Crime No.578 of 2024, under Sections 310(2), 311, 317(3) BNS, registered at P.S.-Kotwali Nagar, District -Sultanpur. As per contents of First Information Report, the incident is said to have taken place on 28.08.2024 when five unknown persons are said to have robbed the informant when he was in his shop. It is stated that two persons were wearing helmets while three persons covered their face by a cloth. The assailants reportedly robbed the informant's jewellery and cash. It has been submitted that the applicant has falsely been implicated in the charges levelled against him. He submits that even as per contents of FIR, the assailants could not be recognized by the informant. It is also submitted that some recovery of ornaments and cash has been indicated from the applicant but the same could not be identified by the informant. It is submitted that the applicant has not been arrested from the spot but has been shown to be involved on the basis of confessional statement of one Arvind Yadav @ Fauji, who has already been enlarged on bail by this Court vide order dated 20.02.2025 passed in Criminal Misc Bail Application No.12890 of 2024. He also submits that another co-accused Durgesh Pratap Singh @ Laljihas also been enlarged on bail by this Court vide order dated 18.02.2025 passed in Criminal Misc Bail Application No.1503 of 2025. It is also submitted that the previous criminal history of the applicant has been explained in paragraph-25 of the bail application and he is languishing in jail since 03.09.2024. Learned A.G.A. has opposed the bail application with the submission that the applicant's name has emerged during investigation on confessional statement of co-accused. It is however not disputed that the criminal history of the applicant has already been explained in the affidavit filed in support of the application. Upon consideration of submissions advanced by learned counsel for parties, perusal of material available on record and prima facie subject to further evidence being led during trial, it appears that even as per FIR, the identity of assailants could not be known to the informant at the time incident. The applicant has not been arrested from the spot and he has been shown involved only on the basis of confessional statement of co- accused Arvind Yadav, who has already been enlarged on bail as indicated herein above. The applicant is in jail since 03.09.2024 and the trial is yet to commence. Looking to the nature of allegations levelled against the applicant and submission made in the bail application, without expressing any opinion on the merits of case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, particularly since no reasonable apprehension of tampering with the witnesses has been alleged, prima facie, this Court finds, the applicant is entitled to be released on bail in this case. Accordingly bail application is allowed. Let applicant, Tribhuwan Kori Aka Lala involved in the aforesaid case 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 which are being imposed in the interest of justice:- (i) 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. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (iii) 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, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. (iv) 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. If in the opinion of the trial court, absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. Order Date :- 16.4.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench