HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 2500 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 12/13.11.2024 in between 12.30 and 01.00 Hours in the night, some unknown thieves came inside the house of the informant through ladder and after breaking the almirah committed theft of jewellery, cash and other articles. The informant's mother Saroj Singh aged about 70 years was killed by throttling who died on the spot. Learned counsel for the applicant submits that the applicant is innocent. He is not named in the FIR. His name has surfaced in the confessional statement of the co-accused Bachhraj, S/o- Ram Khelawan. No test identification parade has been conducted. It is submitted that no incriminating article has been recovered from the applicant. The recovery is from the co-accused Deepak Verma who has been granted bail by a coordinate bench of this Court vide order dated 16.5.2025 passed in Criminal Misc. Bail application No. 3216 of 2025 with which the present applicant claims parity. It is submitted that even the alleged recovered jewellery and other articles have not been identified by anyone. The case is of circumstantial evidence. It is further submitted that the applicant has explained the criminal history of 30 cases in para no. 21 of the bail application and he is languishing in Versus Counsel for Applicant(s) : Kaushal Kishore Tewari, Shakti Counsel for Opposite Party(s) : G.A. Raj Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) jail since 18.11.2024. There is no possibility of the 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 but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the submissions advanced, perusal of the record, bail order of the co-accused Deepak Verma so also the fact that the applicant is not named in the FIR; his name has surfaced in the confessional statement of the co-accused Bachhraj; there is no recovery from the applicant; the applicant has duly explained the criminal history; he is languishing in jail since 18.11.2024 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 on the ground of parity. Accordingly, the bail application is allowed. Accordingly, the bail application is allowed. Let the applicant- Raj Kumar involved in Case Crime No. 148 of 2024, under Sections 103,307,331,331(8),317(4) of B.N.S., Police Station- Maharajganj Tarai, District- Balrampur, 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 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 BAIL No. 2500 of 2025 2 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 19, 2025 Shravan BAIL No. 2500 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench