HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10799 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 by using forged number plate on the vehicle, on the basis of forged Aadhar card, the accused persons used to sell the stolen buffaloes in state of Bihar. 3. Learned counsel for the applicant submits that except for the recovery of one country made pistol, three cartridges, Aadhar card and a cash of Rs. 120, there is no other recovery from the applicant and no buffalo has been recovered from him and it is case of false implication. The applicant has no criminal antecedents and he is languishing in jail since 12.09.2025. 4. 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. 5. 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. 6. 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 applicant has no criminal antecedents and he is languishing in jail i.e. since 12.09.2025; as also the fact that no recovery of buffalo has been made from the possession of the applicant; the fact that offences are triable by the Magistrate 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. Versus Counsel for Applicant(s) : Anil Kumar Tiwari, Amit Kumar Tiwari Counsel for Opposite Party(s) : G.A. Shahabuddin .....Applicant(s) State Of U.P. Thru. Prin. Secy. Lko. .....Opposite Party(s) 7. Accordingly, the bail application is allowed. 8. Let the applicant Shahabuddin, involved in Case Crime/FIR No. 461 of 2025, Under Sections- 318(4), 336(3), 338, 340(2) B.N.S and Section 3/25 Arms Act, Police Station- Inayat Nagar, District Ayodhya, 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). 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 11, 2025 DiVYa BAIL No. 10799 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench