Neutral Citation No. - 2025:AHC-LKO:25937 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10755 of 2024 Applicant :- Supesh Alias Sukesh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Ravindra Kumar Singh,Gaurav Mishra,O.P. Tiwari Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant, learned Additional Government Advocate and perused the record. 2. This first bail application has been filed with regard to Case Crime No. 38 of 2020 under Sections 395 & 397 IPC, Police Station Itaunja, District Lucknow. 3. As per contents of FIR which has been lodged against unidentified persons, the said persons had allegedly looted the truck which was being driven by the informant and took away fifty cartons of cigarette which was being transported. The informant and the cleaner were also allegedly robbed of their money and mobile phones. 4. Learned counsel for the accused-applicant submits that the applicant's name had come in light in the statement of the co- accused, who was apprehended in another case; there has been no recovery of any material from the accused-applicant; there is a doubt about the prosecution story as the complainant did not approach the police on the same day, the applicant has criminal history of eight other cases, but those case have also been registered on the basis of statement of the co-accused and has been explained. 5. Learned Additional Government Advocate, has opposed the bail, however, he has not disputed the aforesaid facts. 6. Considering the fact that no recovery has been effected from the accused-applicant, his name has got surfaced from the statement of the co-accused, and without commenting any further upon merit of the case, I find it to be a fit case for grant of bail. 7. Let applicant-Supesh Alias Sukesh, accused of above- mentioned FIR/crime number, be released on bail on his furnishing a personal bond and two local and reliable sureties each in the like amount to the satisfaction of the Court concerned with the following conditions, which are imposed in the interest of justice:- (i) the applicant(s) 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; (ii). the applicant(s) 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 of the Indian Penal Code; (iii). in case, the applicant(s) misuse(s) the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant(s) fail(s) 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 of the Indian Penal Code; and (iv) the applicant(s) shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law. 8. The party shall file self attested computer generated copy of this order downloaded from the official website of High Court Allahabad. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. Order Date :- 5.5.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench