Neutral Citation No. - 2025:AHC-LKO:16846 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2468 of 2025 Applicant :- Aneesh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Amrit Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of the State and perused the record. 2. This first bail application has been filed with regard to Case Crime No.33 of 2024, under Sections 379, 411 and 413 I.P.C., registered at P.S.-GRP Gonda, District -Gonda. 3. It has been submitted that the FIR has been lodged against unknown persons indicating that the mobile phone of the informant was stolen on 06.04.2024 when he was travelling along with his family. 4. It is submitted by learned counsel for the applicant that the applicant has falsely been implicated in the charges levelled against him and that he has not been named in the FIR. He submits that there is no cogent explanation for substantial delay of more than one month in lodging the FIR. He has also adverted to Case Crime No.42 of 2024 indicating the applicant's arrest and recovery of the said stolen mobile phone along with certain currency notes from his person. 5. It has been submitted that perusal of recovery memo registered as Case Crime No.42 of 2024 also makes it evident that charges levelled against the applicant are unbelievable since the recovery is said to have been affected on 19.09.2024 at the instance of police informer. It has further been submitted that there was no occasion for such recovery from applicant after more than three months of it being reported stolen. It is also submitted that except for the aforesaid cases, the applicant does not have any previous criminal history. 6. Learned A.G.A. has opposed the bail application with the submission that stolen mobile phone has clearly been recovered from the person of the applicant. On the basis of instructions, however, he does not dispute that except for the aforesaid cases, there is no previous criminal history of the applicant. 7. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it appears that Case Crime No. 33 of 2024 has been lodged against unknown persons after almost one and half months from the date of alleged occurrence and there does not appear to be any cogent explanation for the same. Case Crime No.42 of 2024 indicates the recovery from the applicant of the alleged stolen mobile phone after more than three months at the instance of police informer. It has been admitted that the applicant does not have any other previous criminal history. 8. 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. 9. Accordingly bail application is allowed. 10. Let applicant, Aneesh, 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 :- 25.3.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench