HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 1357 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that on 28.7.2016, the informant's husband Ranjit after closing the shop at 06.30 pm was returning home on his moped along with a bag containing some jewellery of the shop. On the way, three persons riding on a bike, who were coming from behind, hit his moped from their bike, due to that her husband fell down. The accused tried to snatch the bag which was resisted by her husband. Then one of the accused shot her husband near the abdomen and after committing the loot, they ran away. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the case. The FIR has been lodged against unknown persons. No test identification parade has been conducted. There is no eye-witness to the incident. He submits that allegedly, some jewellery as well as a countrymade pistol of .315 bore along with one cartridge is shown to have been recovered from the applicant on 03.09.2016, to which there is no independent witness. Except this, there is no other material with the prosecution. It is further submitted that the applicant has the criminal history of 21 cases which have been explained in the counter affidavit and he is languishing in jail for more than 9 years i.e., since 4.9.2016. There is no possibility of the Versus Counsel for Applicant(s) : Ambica Tripathi Counsel for Opposite Party(s) : G.A. Kanhaiya @ Kariya Raidas .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s) applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. has opposed the prayer for bail of the applicant and submitted that it is a heinous offence. He submits that the applicant has criminal history of 21 cases. On due consideration to the submissions advanced, perusal of the record, long period of incarceration gone into by the applicant so also the fact that as per the report of the learned trial court, 8 witnesses have already been examined; as per the charge-sheet filed along with the counter affidavit, there are total 29 prosecution witnesses to be examined before the trial court; it appears that the trial is not likely to be concluded in the near future coupled with the fact that the applicant is languishing in jail since 4.9.2016 as well as the judgement of the Apex Court in re: Javed Gulam Nabi Shaikh vs. State of Maharashtra, 2024 SCC OnLine SC 1693 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant- Kanhaiya @ Kariya Raidas involved in Case Crime No. 266 of 2016, under Sections 302, 394, 411 IPC, Police Station- Kasimpur, District- Hardoi, 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 will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek BAIL No. 1357 of 2025 2 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. (v) 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 in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. 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 209 of B.N.S. September 16, 2025 Shravan BAIL No. 1357 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench