HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9260 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. According to the prosecution case, on 23.08.2025 at around 3:00 a.m., the informant woke up upon hearing some noise from his shop and discovered that the shop’s net had been broken and the money kept inside was missing. A suspicious person was apprehended by the complainant with the help of a passerby in front of the shop, and a sum of Rs. 12,000/- was allegedly recovered from his pocket. Learned counsel for the applicant submits that the alleged recovery is false and that the applicant has been falsely implicated in the case. It is further submitted that there is no independent public witness to support the alleged recovery. The offences alleged are triable by a Magistrate. The applicant, who has no criminal antecedents, is languishing in jail since 23.08.2025. 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. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Considering the absence of any public witness to the alleged recovery, the fact that the offences are triable by a Magistrate, and that the applicant, Versus Counsel for Applicant(s) : Anil Kumar Counsel for Opposite Party(s) : G.A. Munna .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) having no criminal antecedents, is in custody since 23.08.2025, this Court finds it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Munna involved in Case Crime No. 509 of 2025, U/S-305 (a), 317 (2), 331(4), of B.N.S., P.S-Padhua, 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 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. October 29, 2025 R.C. BAIL No. 9260 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench