Neutral Citation No. - 2025:AHC-LKO:29105 Court No. - 29 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3216 of 2025 Applicant :- Deepak Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Counter affidavit filed today by learned counsel for the State is taken on record. Heard Ms. Shafaq Fatima, learned counsel for the applicant, learned AGA for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 148 of 2024, under Sections 103, 307, 331, 331(8), 317(4), 61(2) of BNS, Police Station Maharajganj Tarai, District Balrampur. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. She submits that the applicant is not named in the First Information Report and his name came into light only on the confessional statement of one of the co-accused, namely, Bachhraj S/o Ram Khelawan. She submits that from perusal of the statement of the co-accused Bachhraj, it transpires that the applicant was only involved for selling out the stolen goods. She next added that it is a case of circumstantial evidence and the story is not channelized by the prosecution. She further added that there is no independent public eye witness of the recovery and even the stolen property, which is said to be recovered from the possession of the applicant, was not got identified by the owner of the same. She also argued that except apart the confessional statement, which is not admissible in the evidence, there is no evidence against the applicant and he is falsely roped in the instant matter. She next added that the applicant has 5 cases criminal history which has been explained and he is languishing in jail since 10.12.2024 and he undertakes that he will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings. Thus, submission is that the applicant may be enlarged on bail. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submits that the applicant was involved in committing the offence and his name came into light after confessional statement of one of the co-accused, Bachhraj and after thorough investigation, it was found that the applicant was involved in committing offence and as such, he is not entitled for any relief. Having considered the submissions of learned counsels for the parties and after perusal of the record, it transpires that this is not a case of direct evidence and the prosecution has failed to connect the story by channelizing the incident. This Court has also noticed the fact that the name of the applicant came into light only on the confessional statement of one of the co-accused, namely, Bachhraj. Further there is no independent public eye witness of the recovery and the applicant has explained 5 cases criminal history and he is languishing in jail since 10.12.2024 and he has undertaken that he will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings. Considering the submissions of learned counsels for the parties, 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 fit case of bail. Let the applicant-Deepak Verma involved in the aforementioned 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:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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. He 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; (3) 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.; and (4) 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, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 16.5.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench