Neutral Citation No. - 2025:AHC-LKO:40329 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6497 of 2025 Applicant :- Vinay Kumar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Ram Singh 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.185 of 2024 under Section 305, 331(4), 317(2) BNS, Police Station Amethi, District Amethi. In the prosecution case, it is alleged that on the evening of 18/19.09.2024, while the complainant was sleeping in the verandah, some persons were committing theft. Upon hearing some noise, his son woke up and saw that some persons were engaged in theft. He raised an alarm and tried to catch the thieves; however, the accused fled from the spot. He has identified Vinay Kumar Singh and Mangal Singh. Learned counsel for the applicant submits that Alok Mishra is said to have identified the applicant. However, the statement of Alok Mishra, who is alleged to have identified the applicant, has not been recorded. The offence is triable by Magistrate. The applicant has explained the criminal history of nine cases in paragraphs 19 and 20 of the bail application. No Test Identification Parade has been conducted. It is a case of false implication. The applicant is in jail since 20.09.2024. Learned A.G.A. has opposed the bail prayer of the applicant and, on the basis of the case diary, has submitted that no statement of Alok Mishra has been recorded. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the facts that the applicant is in jail since 20.09.2024; the offence is triable by Magistrate; no Test Identification Parade has been conducted; and the statement of the alleged eyewitness has not been recorded 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. Accordingly, the bail application is allowed. Let the applicant Vinay Kumar Singh 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 :- 15.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench