Neutral Citation No. - 2025:AHC-LKO:42463 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6772 of 2025 Applicant :- Gyan Chandra Pandey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Arjun Singh Kalhans,Amit Kumar Verma,Saurabh Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that the informant had parked his motorcycle in front of Adarsh Medical Store, Meena Complex on 7.6.2024 from where it went missing. 3.Learned counsel for the applicant submits that the applicant has been falsely implicated. The offence is triable by Magistrate. The applicant has explained criminal history in the bail application in paras 17 to 19. He is not named in the first information report. From the pointing out of six accused persons, six motorcycles are alleged to have been recovered, to which there is no public witness. The applicant is in jail since 1.7.2024. The co-accused Ajay Singh, Kulbhusan, and Sudhir have been granted bail by trial court vide order, Annexure No.4 to the bail application. The applicant seeks parity. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 4.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. 5.Considering the facts and circumstances of the case, the fact that the applicant has explained criminal history in the bail application, the co-accused named above have been granted bail, the offence is triable by Magistrate, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail. 6.Let the applicant Gyan Chandra Pandey, involved in Case Crime No.414 of 2024 under sections 379, 411, 413 I.P.C., P.S. Kotwali Nagar, district Gonda 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 under Section 229-A I.P.C. (now 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 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 I.P.C. (now 209 BNS). 7.The application is allowed accordingly. Order Date :- 24.7.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench