Neutral Citation No. - 2025:AHC:20749 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2850 of 2025 Applicant :- Sahil Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Waseem Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Mohammad Waseem, learned counsel for the applicant and Sri Ajeet Madhesia, learned Brief Holder for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 224 of 2024, under Sections 457, 380, 411 IPC, Police Station Subhash Nagar, District Bareilly during pendency of the trial. 4. Learned counsel for the applicant submits, FIR of the present case was lodged against applicant and seven others with regard to theft but entire allegation leveled against the applicant is totally false. 5. He further submits, even from the FIR it reflects that informant could not witness the applicant while theft was being made and it appears, on the basis of information collected from his neighbors he disclosed the name of applicant in the FIR of the present case. 6. He further submits, however, as per allegation when applicant and co-accused Zakir @ Zakira were arrested then from their possession some part of the stolen articles were recovered but entire recovery is false. 7. He further submits, co-accused Zakir @ Zakira has already been released on bail by this Court and his bail order has been annexed at page-43 of the paper-book. 8. He further submits, actually applicant is having previous criminal history of five other cases, therefore, police during investigation shown false recovery from his possession. He further submits, when applicant was arrested then he was also implicated in two other cases and entire criminal history of the applicant has been explained in the supplementary affidavit filed in support of instant bail application. 9. He further submits, all the alleged offences are triable by Magistrate and in the present matter applicant is in jail since 02.06.2024 i.e. for last more than eight months. 10. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 11. I have heard learned counsel for the parties and perused the record of the case. 12. However, as per allegation applicant committed theft along with others from the shop of the informant and some stolen articles were recovered from his possession and from the possession of co- accused Zakir @ Zakira but co-accused Zakir @ Zakira has already been released on bail. 13. Further, however, apart from the present case applicant is having criminal history of seven other cases and out of seven cases he was having previous criminal history of five cases but considering this fact, the argument advanced by learned counsel for the applicant with regard to recovery of alleged stolen articles from his possession by the police, cannot be ruled out. 14. Further, all the alleged offences are triable by Magistrate and in the present matter applicant is in jail since 02.06.2024 i.e. for last more than eight months. 15. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 16. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 17. Let the applicant - Sahil 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. 18. 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. 19. 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 :- 13.2.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad