HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10516 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record. 2. In the prosecution case it is alleged that the applicant, along with co-accused used to sell adulterated liquor by committing forgery to the customers. 3. Learned counsel for the applicant submits that the name the applicant has surfaced in the confessional statement of the co- accused. There is no independent witness to the said recovery and no incriminating article has been recovered from the possession of the applicant. The alleged recovery shown in the recovery memo is false as there is no independent witness to the said recovery.The offences are triable by the Magistrate. 4. It is further submitted that the co-accused Shashank Nigam, Prashant Jaiswal, Vikas Jaiswal, who has been assigned similar role, has been granted bail by this court vide order dated 14.10.2025, 14.10.2025 and 17.10.2025, in Criminal Misc. Bail Application No. 9861 of 2025, 9877 of 2025 and 9966 of 2025. He further submits that applicant has no criminal antecedents and there is no possibility of the applicant fleeing away after being released from jail or tampering with the witnesses. In case the Versus Counsel for Applicant(s) : Vinay Kumar Verma, Vinay Kumar Yadav Counsel for Opposite Party(s): G.A. Vikas Jaiswal .....Applicant(s) State Of U.P. Thru. Secy. Deptt. Of Home Lko. .....Opposite Party(s) applicant is enlarged on bail, he shall not misuse the liberty of bail. 5. Learned A.G.A. opposed the prayer for bail and has submitted that the investigation is going on and the offences are triable by the Magistrate, but he could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 6. Considering the arguments advanced by learned counsel for the parties; the fact that there is no independent witness of the said recovery; the fact that co-accused namely Shashank Nigam, having similar role has been granted bail by this court, the fact that the applicant has no criminal history and he undertakes that he will co-operate in the trial also considering the fact that the applicant has been languishing in jail since 26/27.08.2025, this Court finds it to be a fit case for granting bail to the applicant on the ground of parity. 7. 7. Accordingly, the bail application is allowed on the ground of parity. 8. Let the applicant Vikas Jaiswal, involved in Case Crime/FIR No. 0406 of 2025, Under Sections- 61(2)(a), 318(4), 338, 336(2), 340(2), 350 B.N.S and Section 60/72 Excise Act, Police Station- Krishna Nagar, District- Lucknow, 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 BAIL No. 10516 of 2025 2 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 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). 9. 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 10, 2025 Madhu D.R/P.S BAIL No. 10516 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench