HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8120 of 2025 Court No. - 12 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 complainant got booked gold from Anandi Jewellers. One Amit Saini had come to take money at 3.00p.m. He was given a payment of Rs.6,80,000/- in cash. After half an hour, he returned and told that the amount has been looted near Sector 4 park. Police was called at dial 112 number. 3.Learned counsel for the applicant submits that the applicant is innocent. He is not named in the first information report. There is no eye witness of the incident. Name of the accused applicant has surfaced in the confessional statement of independent witness Shivam Dixit who is a relative of Gaurav Mishra, co-accused. Allegation against the applicant in the confessional statement of the co-accused is that he has provided his farm house for facilitating robbery. No identification parade has been conducted. The applicant has explained criminal history in para 26 of the bail application. The applicant is in jail since 14.5.2025. 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 Versus Counsel for Applicant(s) : Vivek Abhir Counsel for Opposite Party(s) : G.A. Samrat Dixit @ Arjun Pandit .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko .....Opposite Party(s) aforesaid facts as argued by the learned counsel for the applicant. 5.Considering the facts and circumstances of the case, charge sheet has been filed, criminal history of the applicant has been explained in the bail application, the cases are of the year 2004 and 2005 and for the last 20 years, no case has been registered against him, prima facie offence under section 111 does not appear to have been made out, the applicant is in jail since 14.5.2025, 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 Samrat Dixit alias Arjun Pandit, involved in Case Crime No.46 of 2025 under sections 3(5), 61(2), 310(2), 111 BNS P.S. Vikas Nagar Extension, district Lucknow 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) BAIL No. 8120 of 2025 2 (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. August 28, 2025 kkb/ BAIL No. 8120 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench