Neutral Citation No. - 2025:AHC-LKO:44461 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6925 of 2025 Applicant :- Sonu Opposite Party :- State Of U.P. Thru. Prin. Secy./Addl. Chief Secy. Home Lko. Counsel for Applicant :- Vedika Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. A supplementary affidavit filed by learned counsel for the applicant is taken on record. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that the complainant was traveling on 09.07.2024 by Train No. 15010 along with his family from Sitapur to Shohratgarh. His mother and sister were seated in coach B-10, while he and his brother were in the general coach. Around 2:00 a.m. on 10.07.2024, when the train reached Gonda station, they discovered that the complainant’s mother's bag had been stolen. The bag contained two mobile phones, a smart wristwatch, and Rs. 1000 in cash. Another passenger, Krishan Mohan Jaiswal, also reported his mobile phone stolen from coach A-2. A fair-complexioned, tall young man with long hair, seen roaming in the coaches, is suspected of committing the thefts. Learned counsel for the applicant submits that no test identification parade was conducted. The applicant has explained criminal antecedents involving seven cases, as mentioned in paragraph 2 of the bail application. It is further submitted that the applicant has been falsely implicated in the present case. The alleged recovery of a mobile phone and a watch, claimed to have been stolen from Krishna Mohan Jaiswal and the complainant’s mother and sister, is false and fabricated. Moreover, there is no independent witness to support the alleged recovery. The applicant is in judicial custody since 12.07.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 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. On due consideration to the facts that the applicant is in custody since 12.07.2025; the offences are triable by a Magistrate; and five prosecution witnesses have already been examined, leaving no chance for tampering with evidence, I find it to be a fit case for granting bail to the applicant on the ground of parity. Accordingly, the bail application is allowed. Let the applicant Sonu involved in Case Crime No.28/2024, U/s-305,317(2),317(4)B.N.S, Police Station- GRP, 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 in accordance with law. (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 IPC (now Section 209 of BNS). It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. Order Date :- 31.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench