Neutral Citation No. - 2025:AHC-LKO:39406 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6363 of 2025 Applicant :- Bilal Hussain Opposite Party :- State Of U.P. Thru. Secy. Home Lko Counsel for Applicant :- Shiv Kumar Vishwakarma,Avneesh Kumar Rai,Saurabh Kumar Rai Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.208 of 2012 under Section 60 of Excise Act and Section 419, 420, 468, 469 IPC, Police Station Prem Nagar, District Jhansi. In the prosecution case, it is alleged that the applicant, who was the driver of Vehicle No. UP21BN3566, on 26.02.2025, while transporting a consignment containing 1,399.65 bags of Fortune Basmati rice worth Rs.25,88,964/- (Rupees twenty-five lakh eighty-eight thousand nine hundred sixty-four only) from Lucknow to Karnal went missing and the said truck did not reach its destination at Karnal. Learned counsel for the applicant submits that a false recovery has been shown by the police. The applicant is not the driver of the truck in question and does not possess any driving licence. The truck is alleged to have gone missing since 26.02.2025, while the FIR was registered on 02.03.2025. The alleged recovery was made on 14.03.2025, which appears to be highly improbable, as no person would continue driving a truck loaded with stolen consignment for 15–16 days. The applicant has no criminal history, and specific pleading to that effect has been made in paragraph 17 of the bail application. The applicant is in jail since 14.03.2025. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the submissions advanced, perusal of the record, and taking into account the fact that the applicant is in jail since 14.03.2025, has no criminal antecedents, and the charge-sheet has been filed in the matter, and without expressing any opinion on the merits of the case, I am of the view that it is a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Bilal Hussain be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: (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 IPC (now Section 269 BNS). (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 of the IPC (now Section 209 BNS). Order Date :- 10.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench