HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10494 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record. In the prosecution case, it is alleged that three persons were apprehended on a stolen motorcycle. Learned counsel for the applicant submits that a perusal of the confessional statement of the co-accused and the recovery memo shows that the only role attributed to the applicant is that of riding the motorcycle along with the other two co-accused persons. It is further submitted that the case of the applicant stands on a better footing than that of co-accused Allan, who has already been granted bail vide order dated 31.10.2025 passed in Criminal Misc. Bail Application No. 10583 of 2025. Accordingly, learned counsel for the applicant seeks parity with the said order. It is further submitted that there is no independent witness of the said recovery. The ingredients to attract an offence under Section 317(4) B.N.S are missing. This section has been added just to enhance the gravity of the offence. The applicant has no criminal antecedents and he is languishing in jail since 01.10.2025. It is further submitted that there is no possibility of the applicant of 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. Versus Counsel for Applicant(s) : Santi, Rizwanul Haque Ansari Counsel for Opposite Party(s) : G.A. Rizwan .....Applicant(s) State Of U.P Thru. Secy. Home Civil Sectt. Lko. .....Opposite Party(s) Learned AGA has opposed the bail application, however, could not dispute the fact that the case of the applicant is on better footing than that of co- accused Allan. Considering the facts and circumstances of the case, and also considering the nature of allegations, arguments advanced by learned counsel for the parties, the fact that co-accused Allan who was assigned similar role has been enlarged on bail; ingredients of Section 317(4) B.N.S lacks in the present case, the fact that the applicant has explained criminal history of two cases in the supplementary affidavit filed today, the fact that chargesheet in the case has been filed; as also the period for which the applicant is in jail i.e. since 01.10.2025 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 on the ground of parity. Accordingly, the bail application is allowed on the ground of parity. Let the applicant Rizwan, involved in Case Crime/FIR No. 278 of 2025, Under Sections- 35, 317(2), 317(4) B.N.S., Police Station- Sharda Nagar, 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. BAIL No. 10494 of 2025 2 (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 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 IPC (now Section 209 of BNS). It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. November 6, 2025 R.C. BAIL No. 10494 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench