Neutral Citation No. - 2025:AHC-LKO:8442 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6835 of 2023 Applicant :- Ramesh Vishwakarma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Vijay Kumar Mishra,Shailesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with a prayer to release the applicant on bail during the trial in Case Crime No. 187 of 2022, under Sections 419, 420, 465 I.P.C., P.S. Chanda, District Sultanpur. It is contended by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case. He submits that the articles and jewelleries, which were allegedly looted by the applicant and the other co-accused persons, could not be connected with any evidence against the applicant and the police has failed to collect any cogent piece of evidence so as to connect him with the instant matter. He has also shown other falsity in the prosecution story. He further added that merely on the basis of suspicion, the police has arrested the applicant, though there is no independent public eyewitness of the alleged loot. He next added that identically situated co-accused Rakesh @ K.D. has already been enlarged on bail in Criminal Misc. Bail Application No. 13343 of 2022 vide order dated 14.12.2022 passed by this Court. He also submits that there are 20 cases criminal history of the applicant, which have been explained properly. The applicant is a law abiding citizen, who is languishing in jail since 12.6.2022 and he undertakes that in case, he is granted bail, he will not misuse the liberty and will co-operate in the trial proceedings. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submits that the applicant was involved in committing the aforesaid offence and thus, he is not entitled for any relief. Having heard the learned counsel for the parties and after perusal of record, it is evident that 20 cases criminal history of the applicant, which have been explained properly; there is no cogent piece of evidence so as to connect the present applicant with the instant matter; the applicant is a law abiding citizen; identically situated co-accused Rakesh @ K.D. has already been enlarged on bail by this Court; the applicant is languishing in jail since 12.6.2022 coupled with the fact that the applicant has undertaken that if he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. 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. Let the applicant- Ramesh Vishwakarma 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 :- 10.2.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench