HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8168 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 that the applicant, along with two other co-accused persons, committed a robbery and looted the brother of the informant, namely Jitendra Kediya, on 11.06.2025. Learned counsel for the applicant submits that the applicant's name has surfaced only on the basis of the confessional statement of a co-accused. It is further contended that a false recovery of Rs. 20,000/- has been shown from the possession of the applicant, and there is no independent public witness to support such recovery. No test identification parade has been conducted, and the applicant appears to have been implicated merely on the basis of suspicion. The applicant is languishing in jail since 28.06.2025. His criminal antecedents relating to 25 cases have been duly explained in the supplementary affidavit. Learned counsel for the applicant submits that the co-accused Ritesh Gupta who was assigned similar role has been enlarged on bail by this Court vide order dated 29.10.2025 passed in criminal misc. bail application No. 8078 of 2025. Learned counsel for the applicant seeks parity with the order of the co- accused. It is further submitted that there is no possibility of the applicant of fleeing Versus Counsel for Applicant(s) : Shiv Pal Singh, Ambrish Kumar Counsel for Opposite Party(s) : G.A. Sumit Patawa .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home U.P. Lko. .....Opposite Party(s) 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. has opposed the prayer for bail. Considering the facts that the applicant is in custody since 28.06.2025, he has satisfactorily explained his antecedents of 25 cases in the supplementary affidavit, co-accused Ritesh Gupta has been granted bail, there is no independent witness to the alleged recovery of Rs. 20,000/-, and no test identification parade has been conducted, this Court finds it to be a fit case for enlarging the applicant on bail on the ground of parity. Accordingly, the bail application is allowed on the ground of parity. Let the applicant Sumit Patawa, involved in Case Crime No.190/2025, Under Sections: 309(6), 61(2), 317(2) BNS, Police Station: Payagpur, District: Bahraich, 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 BAIL No. 8168 of 2025 2 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. November 14, 2025 R.C. BAIL No. 8168 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench