Neutral Citation No. - 2025:AHC-LKO:40500 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6449 of 2025 Applicant :- Rahul @ Appu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. U.P. Counsel for Applicant :- Amrish Tiwari 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. The accused-applicant seeks bail in Case Crime No. 0036 of 2025, under Sections 317(2), 317(4), 318(4), 338, 336(3), and 340(4) of the Bharatiya Nyaya Sanhita (BNS), Police Station Wazeerganj, District Gonda. As per the prosecution case, co-accused Babloo Yadav and Vikas Yadav were arrested with two stolen motorcycles, which were being used with forged number plates. Additionally, 13 other motorcycles are said to have been recovered. Learned counsel for the applicant submits that the applicant was not arrested from the spot. No recovery has been made at the instance of the applicant. His name has surfaced only in the confessional statement of the co-accused. It is further submitted that the offence is triable by a Magistrate. The applicant is in judicial custody since 07.03.2025.The charge-sheet has already been filed in the matter. 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 to the facts that the applicant is not named in the FIR neither any recovery has been made from him; he is in jail since 7.3.2025; charge-sheet has been filed in the matter; without expressing any opinion on merits of the case I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Rahul @ Appu 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 :- 16.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench