HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10734 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 on 19.07.2025, at about 2:15-3:30 A.M, some unknown thieves committed theft in the house of the complainant, which was seen in the CCTV footage. It is alleged that two silver anklets (payal), one gold ring, 6 bracelets (kada) of children, Jio fiber box and some other articles had been stolen. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant has criminal history of 13 cases which has been explained in paragraph- 13 of the bail application. He further submits that the alleged recovery of Rs. 610, along with one anklet and one bracelet (kada), from the possession of the applicant is false. There is no independent witness to the said recovery and no test identification parade has been conducted. The applicant is languishing in jail since 04.08.2025. 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. Versus Counsel for Applicant(s) : Mohd. Haroon Counsel for Opposite Party(s) : G.A. Rajat Mishra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 6. Considering the facts and circumstances of the case, also considering the nature of allegations, arguments advanced by learned counsel for the parties, the fact that chargesheet has been filed; the fact that there is no independent witness to the said recovery; the fact that no test identification parade has been conducted; the fact that the offences are punishable upto a maximum period of seven years; the period for which the applicant is in jail i.e. since 04.08.2025; as also the fact that the applicant has explained criminal history of 13 cases in paragraph-13 of the bail application; without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant Rajat Mishra, involved in Case Crime/FIR No. 110 of 2025, Under Sections- 305(a), 331(4), 317(2), 112(2) B.N.S., Police Station- Vikas 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 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. BAIL No. 10734 of 2025 2 (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 7, 2025 DiVYa BAIL No. 10734 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench