HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8549 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Avinash Singh, learned counsel for the applicant, Smt. Kamlesh Kumari, learned A.G.A. 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.156 of 2025, under Sections 313 BNS and Section 3/25 of Arms Act, registered at Police Station Kotwali Nagar, District Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged by a Sub-Inspector of Police on 21.07.2025 against the applicant and another person Aftab, stating that on the basis of information received from a mukhbir, the co-accused persons were arrested while they were walking and talking to each other about committing a theft in a locked house. The F.I.R. states that upon believing that the accused persons were planning of commission of theft, the police arrested them. It is claimed that a country made pistol and a light (torch) was recovered from the applicant . A hammer, a chisel and screw driver from the other accused person. All of the accused persons confessed in their custodial statement that they commit thefts in houses. 4. In the affidavit filed in support of the 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 6 other criminal cases has been disclosed in para 12-17 of the affidavit, in all of which he has been granted bail. Versus Counsel for Applicant(s) : Avinash Singh Counsel for Opposite Party(s) : G.A. Bablu Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. .....Opposite Party(s) 5. The other co-accused person arrested with the applicant has been granted bail by the Session Court. 6. The learned A.G.A. has opposed the prayer of bail and she has submitted that the allegations have been established during the investigation and a charge sheet has been submitted on 28.08.2025. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that as per the F.I.R. allegations, the persons were arrested when the police heard that they were planning to commit theft whereas the planning to commit a theft is not an offence justifying arrest of any person; that the alleged recovery of a country made pistol and a chisel has not been witnessed by any independent person and that the other accused person has been granted bail by the Session Court whereas the applicant is languishing in jail since 21.07.2025 and the investigation already stands concluded, 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 - Bablu Singh 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 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. September 11, 2025 S. Shivhare BAIL No. 8549 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench