HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8453 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Kuldeep Prakash, learned counsel for the applicants, Shri Angad Kumar Vishwakarma, learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicants on bail in Case Crime No.0261 of 2016, under Section 395 IPC, registered at Police Station Kotwali, District Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.05.2016 stating that 5-6 persons entered the informant's house during the night, and took away some jewellery and Rs.30,000/- cash. 4. The applicants have been implicated on the basis of custodial statement of the co-accused persons who stated that the applicant was also involved in commission of the offence. 5. The learned counsel for the applicants has submitted that no incriminating material was recovered from the applicants. The applicants are languishing in jail since 06.01.2017 in the meanwhile the statement of the informant and another witness of fact has been recorded by the trial court, both of whom had stated that nothing has been recovered regarding the present case and no person has been identified by them. 6. The learned counsel for the applicants has further submitted that the maximum sentence of imprisonment under the said offences is of 10 years and the applicants have already spent more than eight and a half years in Versus Counsel for Applicant(s) : Kuldeep Prakash, Vinod Kumar Counsel for Opposite Party(s) : G.A. Nazar Husain @ Wafir @ Panjabi @ Jangali @ Natthu And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. (Home) U.P. Lko. .....Opposite Party(s) custody. 7. In the affidavit filed in support of the bail application, it has been stated that the applicants are innocent and they have been falsely implicated in the present case. 8. Learned A.G.A. has opposed the bail application but he could not dispute the aforesaid facts. 9. Having considered the aforesaid facts and circumstances of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicants on bail in the aforesaid crime. 10. Accordingly, this bail application stands allowed. 11. Let the applicants - Nazar Husain alias Wafir alias Panjabi alias Jangali alias Natthu, Azmal and Sabid alias Koki be released on bail in the aforementioned 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 applicants shall not tamper with the prosecution evidence; (ii) the applicants shall not pressurize the prosecution witnesses; (iii) the applicants shall appear on each and every date fixed by the trial Court. September 9, 2025 S. Shivhare BAIL No. 8453 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench