Neutral Citation No. - 2025:AHC-LKO:26806 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3354 of 2025 Applicant :- Shivam Chettiyar @ Arvind Chettiyar Opposite Party :- State Of U.P. Thru. Principal Secy. Home Lko Counsel for Applicant :- Mohammad Alishah Faruqi,Mohd. Akram Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. First bail application has been filed with regard to case crime No.327 of 2024 under Sections 394, 411 IPC, P.S. Sushant Golf City, District Lucknow. It is alleged in the prosecution case that on 26.6.2024 at about 9.50 p.m., named accused persons and one unknown attacked the shop and looted three boxes of liquor and have also injured employees Ram Sevak and Jay Prakash by assaulting with bricks. Learned counsel for the applicant submits that he has been falsely implicated. There is no independent witness to the said recovery. The injured Ram Sevak in his statement has stated that he was admitted in the SGPGI, Trauma Centre and suffered a fracture in his head, however, X-ray report shows that there is no abnormality in the injured. The applicant is in jail since 31.01.2025. It is submitted that co-accused Aditya Rawat @ Aadil Gujjar has already been granted bail by this Court in Criminal Misc. Bail Application No. 9519 of 2024. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail 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. opposed the prayer for bail but he could not dispute the aforesaid facts as argued by the learned counsel for the applicant. However, he submits that the complicity of the applicant has been found in the CCTV footage. Considering the facts and circumstances of the case, the fact that no fracture has been sustained by the injured, there is no independent witness to the recovery, the applicant has not been put to test identification parade, co-accused Aditya Rawat @ Aadil Gujjar has already been granted bail by this Court in Criminal Misc. Bail Application No. 9519 of 2024, nature of injuries, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail. Let the applicant Shivam Chettiyar @ Arvind Chettiyar, involved in case crime No.327 of 2024 under Sections 394, 411 IPC, P.S. Sushant Golf City, District Lucknow 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 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 229-A of the Indian Penal Code. (vi) 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. The application is allowed accordingly. Order Date :- 7.5.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench