HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8591 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. 2. In the prosecution case, it is alleged that from the motorcycle Bajaj CT 100, which was alleged to be stolen, the applicant and the co-accused have been apprehended on search. From their possession, one motorcycle engine has been recovered and from pointing out of the applicant as well as of the co-accused, several motorcycle equipments have been recovered from the house of one Yaas Mohhammed, which are alleged to be stolen one. 3. Learned counsel for the applicant submits that from one arrest, three cases have been slapped upon the applicant and in all the three cases, the applicant has been enlarged on bail, the bail orders are annexed as Annexure No. 4 to the bail application. It is further submitted that there is no public witness to the alleged recovery. The applicant has been falsely implicated in the present case. He has explained criminal history in paragraphs 11 and 12 of the bail application. 4. It is further submitted that the applicant is a poor person and he is languishing in jail since 02.05.2025. 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 Versus Counsel for Applicant(s) : M.K. Singh Bhardwaj Counsel for Opposite Party(s) : G.A. Yaash Mohammad @ Bhunwar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) 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, as also the period for which the applicant is in jail i.e. since 02.05.2025, as also the fact that the applicant has explained criminal history in the bail application; the offences are triable by the Magistrate; there is no public witness to the said recovery; 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. 7. Accordingly, the bail application is allowed. 8. Let the applicant Yaash Mohammad alias Bhunwar, involved in Case Crime/FIR No. 192 of 2025, Under Sections- 303(2), 317(2), 317(4), 319(2), 338, 336(3), 112 B.N.S., Police Station- Kotwali Nagar, District- Pratapgarh 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 BAIL No. 8591 of 2025 2 present bail application and shall have no bearing on the merits of the trial. November 6, 2025 kkb/ BAIL No. 8591 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench