Neutral Citation No. - 2025:AHC-LKO:34454 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5097 of 2025 Applicant :- Anil Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Vaibhav Srivastava Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Supplementary Affidavit filed by learned counsel for the applicant is taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The present bail application has been filed by the accused-applicant seeking bail in Case Crime No. 0075 of 2025, under Sections 316(2), 319(2), 318(4), 338, 336(3), 340(2), 317(2), and 3(5) of the Bharatiya Nyaya Sanhita, 2023, registered at Police Station Bhiti, District Ambedkar Nagar. Learned counsel for the applicant submits that the applicant has not been named in the F.I.R. and his name surfaced only during the investigation on the basis of a confessional statement. It is further submitted that the applicant has not entered into any agreement with the complainant. The applicant has explained the criminal history of a solitary case in which he has already been acquitted. With regard to the alleged recovery of 16 tractors, it is contended that the recovery is false. It is submitted that 9 tractors were allegedly recovered from the co-accused Rajbahadur Pandey, while the remaining 7 tractors have been shown as a joint recovery from three accused persons, including the applicant. It is further contended that the said recovery has been shown from an open place. It is lastly submitted that there is no possibility of the applicant of fleeing away after being released from jail 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 could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Having considered the submissions advanced, perused the record, and the facts that the offences are triable by a Magistrate, the applicant is in custody since 01.05.2025, he is not named in the First Information Report, and considering the manner in which the recovery is shown to have been made, without expressing any opinion on the merits of the case, I find it to be a fit case for grant of bail. Accordingly, bail application is allowed. Let the applicant, Anil Kumar involved in the aforesaid case crime number 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. Order Date :- 4.6.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench