HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 5283 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that the complainant got booked gold from Anandi Jewellers. One Amit Saini had come to take money at 3.00p.m. He was given a payment of Rs.6,80,000/- in cash. After half an hour, he returned and told that the amount has been looted near Sector 4 park. Police was called at dial 112 number. Learned counsel for the applicant submits that the applicant is innocent. There is no eye-witness of the alleged incident. The alleged eye-witness Arbad @ Zaid and Ankit Yadav have not taken the name of the applicant. It is submitted that except the confessional statement of the applicant and the co-accused, there is no material against the applicant. The alleged recovery of Rs. 50,000/-, a mobile and a countrymade pistol along with cartridge is false. There is no independent witness to the alleged recovery. Moreover, no Test Identification Parade has been conducted. It is next submitted that the co-accused Samrat Dixit alias Arjun Pandit, Prem Bahadur Singh and Sonendra Singh, who have been assigned the similar role, have already been granted bail by this Court as well as by a coordinate bench of this Court vide orders dated 28.8.2025, 25.8.2025 and 4.8.2025 passed in Criminal Misc. Bail Application Nos. 8120 of 2025, 6370 of 2025 and 5175 of 2025 respectively. Hence, the present applicant claims parity with the bail orders Versus Counsel for Applicant(s) : Ravendra Pratap Singh, Sayyead Abid Hussain, Vinay Pratap Singh Counsel for Opposite Party(s) : G.A. Gaurav Mishra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) of the said co-accused. It is further submitted that the applicant has explained his criminal history in para no. 3 of the supplementary affidavit and he is languishing in jail since 31.3.2025. 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. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the submissions advanced, perusal of the record, the bail orders of the co-accused named above so also the fact that no Test Identification Parade has been conducted; the applicant has duly explained the criminal history; he is languishing in jail since 31.3.2025 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail on the ground of parity. Accordingly, the bail application is allowed. Let the applicant- Gaurav Mishra involved in Case Crime No. 46 of 2025 under sections 3(5), 61(2), 310(2), 111 BNS, P.S. Vikas Nagar, 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 BAIL No. 5283 of 2025 2 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 in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. 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 of B.N.S. September 1, 2025 Shravan BAIL No. 5283 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench