HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9028 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Supplementary affidavit filed by the learned counsel for the applicant is taken on record. 2. Heard Shri Nijam Ahamad, learned counsel for the applicant, Shri Avishesh Kumar Singh, learned A.G.A. for the State and perused the records. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No.73 of 2024 under Sections 309(4), 317(2), 61(2) of B.N.S. registered at Police Station- Bhiti, District- Ambedkar Nagar. 4. The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.04.2025 against two unknown persons stating that the accused persons had robbed the informant at about 09:30 PM on 04.04.2025 of a mobile phone and a bag full of notes kept in his shop. 5. The police claim to have arrested the applicant and another co- accused Akash Soni on the basis of an information received from a Mukhbir. Rs.37,000/- , a pistol and a cartridge have been recovered from the applicant and Rs.20,000/-, a country made pistol were recovered from co-accused person and in the custodial statement, they confessed about their involvement in offence in question along with the three other accused persons. 6. A supplementary affidavit has been filed on behalf of the applicant disclosing his involvement in five other criminal cases, in three of Versus Counsel for Applicant(s) : Nijam Ahamad Counsel for Opposite Party(s) : G.A. Avinash Kamal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) which, the applicant has been granted bail. 7. Co-accused persons namely, Shivam Soni, Alok @ Alok Soni and Akash Soni, have been granted bail in the present case by means of orders dated 17.07.2025, 10.07.2025 and 12.08.2025 passed in Criminal Misc. Bail Application Nos. 6574 of 2025, 6387 of 2025 and 7501 of 2025, respectively. 8. Learned A.G.A. has vehemently opposed the bail application and he has submitted that allegations have been established during investigation and a charge-sheet has been submitted on 28.05.2025. However, he could not inform the Court as to whether any identification parade has been conducted in the present case and the applicant has been identified by the victim or not. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has been arrested on the basis of an information received from a Mukhbir and the alleged recovery made from him has not been witnessed by any independent person; the applicant has not been identified by the informant and three co-accused persons have been granted bail, 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 case. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Avinash Kamal 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 23, 2025 Preeti BAIL No. 9028 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench