HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7626 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. In the prosecution case, it is alleged that, acting on information received from an informer, the police apprehended the applicant and allegedly recovered a 12-bore pump-action gun, 100 live cartridges of .32 bore, 160 live cartridges of .315 bore, along with a forged and fabricated Aadhaar card and a gun licence purportedly issued in the name of Praveen Kumar, son of Anil Kumar. Learned counsel for the applicant submits that the alleged recovery is false and that, in fact, nothing was recovered from the applicant’s possession. It is further submitted that the purported forged Aadhaar card and gun licence have not been produced or submitted by the investigating officer along with the charge sheet; therefore, no offence under Section 338 of the Bharatiya Nyaya Sanhita (BNS) is made out. The remaining offences alleged against the applicant are punishable with imprisonment of up to seven years. A specific pleading to this effect has been made in paragraph 27 of the bail application, and the reply thereto in paragraph 28 of the counter affidavit admits the averments made by the applicant. There is also no independent public witness to the alleged recovery. The applicant has duly explained his criminal history relating to one case in paragraph 53 of the bail application and is languishing in jail since 06.12.2024. Versus Counsel for Applicant(s) : Prince Lenin, Ali Hasan, Mohd. Suhail Counsel for Opposite Party(s) : G.A. Ankit Kumar Chauhan @ Krishna Thakur .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 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. In view of the applicant having satisfactorily explained his antecedent of one case, the averments in paragraph 27 of the bail application, the magistrate- triable nature of the offences, the filing of the charge sheet, and the period of custody since 06.12.2024, this Court finds it a fit case to enlarge the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Ankit Kumar Chauhan @ Krishna Thakur, involved in Case Crime No-09/2024, U/S-61(2), 318(4), 336(2), 336(3), 337, 338, 339 BNS and 3/8/25/25(6)/25(7), section 25(8) Arms Act, P/S-ATS Gomti 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 BAIL No. 7626 of 2025 2 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. 7626 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench