HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11904 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. It is alleged in the prosecution case that on the night of 12/13.06.2025 at around 2:30 a.m., while the complainant was returning home from Haridwar along with his friend Deepak, the accused persons, riding motorcycles, intercepted them on the way and looted an Oppo mobile phone and Rs. 7,000/- from the complainant, as well as Rs. 1,500/- from his friend Deepak. Learned counsel for the applicant submits that the applicant has been falsely implicated with a recovery of Rs. 500/- shown from him. The charge sheet in the case has already been filed, and the applicant is in custody since 15.06.2025. The co-accused Deepak Gautam has been granted bail by this court vide order passed in Bail No.7030 of 2025 (Annexure No.3) 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. Versus Counsel for Applicant(s) : Mohd. Nafees Counsel for Opposite Party(s) : G.A. Vivek Balmiki .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home U.P. Lko. .....Opposite Party(s) 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. On due consideration to the fact that no test identification parade has been conducted, the charge sheet has been filed, bail order of the co-accused, referred to above, and the applicant is in jail since 15.06.2025, criminal history of two cases has been explained in para 7 of the bail application, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed, on the ground of parity. Let the applicant Vivek Balmiki involved in Case Crime No.496/2025, U/S- 310(2),317(3), BNS, Police station- Kotwali Sadar, District- Lakhimpur Kheri. 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). BAIL No. 11904 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 merits of the trial. December 5, 2025 kkb/ BAIL No. 11904 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench