Neutral Citation No. - 2025:AHC-LKO:37837 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6040 of 2025 Applicant :- Suhail Khan Alias Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Atul Verma,Akhilendra Pratap Singh,Vinod Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. It is alleged in the first information report that on 26.2.2025, a truck loaded with 1399.65 bags of Fortune Basmati rice which was sent from Lucknow to Karnal went missing and it has not reached to its destination. The first information report has been lodged against the co-accused Bilal, who is alleged to be truck driver. Learned counsel for the applicant submits that the applicant has been falsely implicated. The offence is triable by Magistrate. On the basis of confessional statement of the co-accused, the name of the applicant has surfaced in the crime in question. The applicant has no previous criminal history. The applicant is in jail since 14.3.2025. The co-accused Afzal Khan has been enlarged on bail by a coordinate Bench of this Court vide order dated 20.5.2025 passed in Bail No. 4355 of 2025. Learned counsel for the applicant claims parity with the bail order of the said co- accused. 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 could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Considering the facts and circumstances of the case, the applicant has no criminal history, the matter is triable by Magistrate, bail order of co-accused, arguments advanced by learned counsel for the parties, the applicant is in jail since 14.3.2025 and without expressing any opinion on the merits of the case, I am prima facie satisfied that it is a fit case for enlarging the applicant on bail and accordingly, the bail application is allowed. Let the applicant Suhail Khan alias Ali, involved in Case Crime No.65 of 2025 under sections 316(2), 338, 336(3), 340(2), 317(2), 3(5) BNS (erstwhile sections 406, 467, 468, 471, 411, 34 I.P.C.), P.S. Bijnor, 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. Observation(s) made herein above shall not be considered as an expression of opinion on merit of the case. Order Date :- 4.7.2025/kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench