HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9462 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 2. In the prosecution case, it is alleged that on 22.07.2025 at about 11 A.M, the informant was returning from Dhaurhara animal market and was carrying Rs. 1,20,000/- after selling his buffalo to one Rizwan, the vendor of animals. The informant was returning on his bicycle with one Gaddi Shukla and as soon as he reached near Machhli Mandi, two persons came there on motorcycle and committed robbery and took the aforesaid amount from the informant. 3. Learned counsel for the applicant submits that the applicant is innocent as he is neither named in the F.I.R nor any test identification parade has been conducted. No prosecution witness, in their statements, has named the applicant for the said incident which occurred on 22.07.2025. On 24.07.2025, on the alleged statement of the Mukhbir, who had seen the CCTV footage, the applicant has been implicated by the investigating officer. He further submits that no person had seen the applicant committing the said offence. False recovery of Rs. 1,12,000/-, a black gamcha and a motorcycle has been shown against the applicant, for which there is no public witness. 4. It is further submitted that the applicant has no criminal antecedents. The chargesheet in the case has been filed on 30.08.2025. There is no possibility of the applicant fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 5. Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Versus Counsel for Applicant(s) : Amit Kumar Awasthi Counsel for Opposite Party(s) : G.A. Prem Kumar @ Pappu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) 6. On due consideration to the submissions advanced, perusal of the record, the fact that chargesheet has been filed, there is no public eye witness of the said recovery, the fact that no test identification parade has been conducted, so also the manner in which the recovery has been conducted coupled with the fact that the applicant has no criminal history; he is languishing in jail since 27.07.2025 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant- Prem Kumar @ Pappu involved in Case Crime No. 495 of 2025, under Sections 309(4), 317(2) B.N.S, Police Station- Dhaurahra, District- Lakhimpur Kheri, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the 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 in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. 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 209 of B.N.S. October 7, 2025 DiVYa BAIL No. 9462 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench