Neutral Citation No. - 2025:AHC-LKO:41771 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6701 of 2025 Applicant :- Saifulla @ Saif Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. Counsel for Applicant :- Touqeer Ahmad,Sandeep Kumar Ojha,Shahid Salam,Swadha Kumari 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. 258 of 2025, under Section 305(B), 317(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Gosainganj, District Lucknow. As per the prosecution case, it is alleged that while the informant was traveling in an e-rickshaw, his Oppo mobile and Lava mobile were stolen. Learned counsel for the applicant submits that the applicant is not named in the First Information Report. No test identification parade has been conducted. The alleged recovery is false. It is further submitted that the applicant has been falsely implicated. He has no previous criminal history. The offence is triable by a Magistrate. The applicant is in jail since 03.06.2025. Learned A.G.A. has opposed the bail prayer but could not dispute the factual submissions made on behalf of the applicant. I have considered the submissions advanced by the learned counsel for the parties and perused the material on record. Considering the facts that the applicant is in jail since 03.06.2025, the offence is triable by a Magistrate, and he has no previous criminal history, and without expressing any opinion on the merits of the case, I find it to be a fit case for granting bail. Accordingly, the bail application is Allowed. Let the applicant Saifulla @ Saif 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 :- 22.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench