HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8789 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State- respondent and perused the record. 2. Learned counsel for the applicant submits that a perusal of para-6 of the rejection order shows that the only allegation against the applicant is that from his possession the E-Rickshaw of the deceased which was looted by the co-accused, has been recovered as a stolen property. 3. It is submitted by learned counsel for the applicant that the maximum punishment of the offence under Section 317 (2) B.N.S. is three years, the offence is triable by Magistrate. The applicant has no criminal history and has been falsely implicated in this case. There is no independent witness of the alleged recovery. 4.Learned A.G.A. has opposed the bail prayer and submits that investigation is going on. 5. On due consideration to the submission advanced, perusal of the record as also the fact that the applicant has no criminal antecedents, he is in jail since 30.07.2025, the investigation is going on, the applicant undertakes that he shall cooperate in the investigation and without expressing any opinion on merits of the case I find it to be a fit case for enlarging the applicant on bail. 6. Accordingly, the bail application is allowed. Versus Counsel for Applicant(s) : Vivek Shukla Counsel for Opposite Party(s) : G.A. Tahir Hussain .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 7. Let the applicant- Tahir Hussain involved in Case Crime No.300 of 2025, under Section 317(2) B.N.S, Police Station Phardhan, District- Kheri be released on bail on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial 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 of the Indian Panel Code (now Section 269 of BNS). (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 Section 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 of the Indian Panel Code (now Section 209 BNS). September 23, 2025 dk/ BAIL No. 8789 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench