Neutral Citation No. - 2025:AHC-LKO:38988 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6328 of 2025 Applicant :- Swadesh Tripathi @ Gagan Tripathi Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Pravin Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. Learned counsel for the applicant submits that the offences alleged are triable by a Magistrate. The applicant is not named in the FIR and is neither the vendor, purchaser, nor a marginal witness to the transaction. The only allegation against him arises from the statement of the complainant, wherein it is merely stated that the applicant is associated with the same gang; however, no other evidence supports this claim. No recovery has been made from the applicant. It is further submitted that the co-accused named in the FIR, namely Pappu @ Mohd. Jubaid, Ramrati, and Bharat @ Bharat Lodh, have already been granted bail by this Court and by a coordinate Bench vide orders dated 25.06.2025, 01.07.2025, and 24.06.2025 in Criminal Misc. Bail Application Nos. 5634 of 2025, 6104 of 2025, and 5481 of 2025, respectively. The applicant seeks parity with the said co-accused. He is languishing in jail since 02.02.2025 and has explained his criminal antecedents in paragraph 33 of the bail application. It is further 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. Considering the bail granted to similarly situated co-accused, the fact that the applicant is not named in the FIR, the triable nature of the offence, absence of recovery from the applicant, his continued incarceration since 02.02.2025, and his explanation regarding criminal antecedents in paragraph 33 of the application, and without expressing any opinion on the merits of the case, this Court finds it to be a fit case for grant of bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Swadesh Tripathi @ Gagan Tripathi involved in Case Crime No. 0038 of 2025, under Sections 319(2), 318(4), 338, 336,(3), 340(2) of B.N.S., Police Station - Lalganj, District - Raebareli. 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 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 82 Cr.P.C. (now Section 84 BNSS) 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 IPC (now Section 209 of BNS). Order Date :- 9.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench