Neutral Citation No. - 2025:AHC-LKO:39128 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5799 of 2024 Applicant :- Rajender Mandal Opposite Party :- State Of U.P. Thru. Prin. Secy. Homes Lko. Counsel for Applicant :- Girish Kumar Pande,Prashant Pandey,Ujjwal Pandey Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.401 of 2023, under Sections 328, 379, 411 I.P.C., P.S. Charbagh, District Lucknow. In the prosecution case it is alleged that complainant while he was trying to board on train, two persons came and one of them gave him biscuit. Firstly, complainant refused to accept however, he was administered biscuit by the accused applicant. After that co-passenger Suman Mehta was also being offered biscuit however, she refused. It is further alleged that one Oppo phone of the complainant and one Laptop Lenevo 11th generation windows 10, 8g SSD tech mobile phone-Samsung A-32, Samsung Galaxy on five pro color silver etc. of the co- passenger Suman Mehta has also stolen. It is further alleged that the complainant and other two co-passengers were traveling from Charbagh however, they woke up only in Gorakhpur. The police get them admitted in the hospital for treatment. Learned counsel for the applicant submits that the applicant has already incarcerated enough as he is in jail since 07.11.2023. He submits that although in the recovery memo New Bounce Orange Cream Biscuit said to have been recovered however, in the FSL, the prosecution has sent Sunfeast Bounce Biscuit. Applicant has explained the criminal history. It is lastly submitted by learned counsel for the applicant that the alleged recovery of two mobile phones from the applicant is false as there is no public witness. He submits that till date only two prosecution witnesses have been examined before the trial court. Learned A.G.A. has opposed the bail prayer. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 07.11.2023, till date prosecution has examined only two witnesses, trial is not likely to be concluded in the near future, applicant has explained the criminal history and without expressing any opinion on 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 Rajender Mandal be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (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 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 under Section 269 of BNS. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 BNSS 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 BNS. Order Date :- 9.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench