Neutral Citation No. - 2025:AHC-LKO:48031 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7634 of 2025 Applicant :- Gama @ Sufiyan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Kaushal Kishore Tewari,Shakti Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Kaushal Kishore Tewari, learned counsel for the applicant, Sri Ashok Srivastava, learned Additional Government Advocate for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.161 of 2025, under Sections 310(2)/311/317(3) B.N.S., registered at Police Station Fardhan, District Lakhimpur Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 01.05.2025 stating that three miscreants riding a motorcycle had robbed the informant of his bag wherein Rs.40,000/- and some jewelry were kept. 4. The police claimed to have arrested three co-accused persons on the basis of an information received from a mukhbir and in their custodial statements they stated about involvement of two other persons including the applicant and accordingly the applicant has been made an accused in the present case and has been taken into custody. 5. In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in five other cases has been disclosed in para 26 of the affidavit filed in support of the application, in all of which he has already been granted bail. The applicant's involvement in three other cases has been disclosed by filing a supplementary affidavit in all of which he has already been granted bail. It has also been submitted that all the three co-accused persons who had been arrested by the police on the basis of whose statements the applicant has been made an accused, have already been granted bail in the present case. 6. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 11.07.2025. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim himself is the informant in the present case and he has stated that three persons had caused the incident whereas the police had implicated five persons as accused persons on the basis of custodial statements of three persons arrested by it; that those three persons have already been granted bail in the present case coupled with the fact that the applicant is languishing in jail since 14.05.2025 and the investigation already stands concluded and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Gama @ Sufiyan be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 18.8.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench