HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11897 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that on 8.8.2025, the informant with his family had gone to his village Dumraila, Gorakhpur. On his return on 10.8.2025 at about 6.30 O' Clock, he found that lock of his house is broken and gold ornaments weighing 200 gms have been stolen. 3.Learned counsel for the applicant submits that from one recovery, two cases have been slapped on the applicant, the other being case crime No.471 of 2025 under sections 305(a), 317(2), 331(4) BNS. It is submited that in this case crime, the applicant has been granted bail. It is further submitted that there is no independent witness of the incident nor of the alleged recovery. False recovery has been shown from the applicant. It is further submitted that the co-accused Narsingh Gautam has been released on bail by the Sessions Court vide order filed as Annexure No.3 to the bail application. He seeks parity. The applicant is in jail since 18.9.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of Versus Counsel for Applicant(s) : Jitendra Kushwaha, Vivek Chandra Counsel for Opposite Party(s) : G.A. Abhinandan Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) bail. 4.Learned A.G.A. opposed the prayer for bail. It is submitted that the applicant has chequered criminal history of 14 cases. To this, applicant's counsel submits that he has explained the said criminal history in para 18 of the bail application and in the supplementary affidavit filed today which is taken on record. 5.Considering the facts and circumstances of the case, bail order of the co-accused, referred to above, no test identification parade has been conducted by the police, there is no independent witness of the alleged recovery, the applicant has explained criminal history, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail. 6.Let the applicant Abhinandan Yadav, involved in Case Crime No.414 of 2025 under sections 305(a), 317(2), 331(4) BNS, P.S. Chinhat, 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 prosecution evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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 and he shall appear on each and every date fixed by the trial 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. Any other condition(s) which the trial court/court concerned may deem fit and proper, in the circumstances of the case, may also be imposed. 7.The application is allowed accordingly. BAIL No. 11897 of 2025 2 It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merit of the trial. December 11, 2025 kkb/ BAIL No. 11897 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench