HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9790 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 2. In the prosecution case, it is alleged that on 24.07.2025, at about 5 A.M, some unknow thier stole purse, containing Rs. 44,000/- cash, some jewellery and One Plus Mobile phone, of patient Megha Singh from Ward Room No. 5 of Deepak Hospital, Sitapur Road, P.S Madiyaon. The thief also stole a Motorolla mobile phone of student Shashi Prakash Upadhyay living in hostel room situated on second floor of the said hospital. 3. Learned counsel for the applicant submits that co-accused person namely Ajmal has been granted bail by the coordinate bench of this Court vide order dated 14.08.2025 in Bail Application No. 6321 of 2025, which is on record. Hence, the present applicant seeks parity. 4. Learned counsel for the applicant further submits that the applicant has been falsely implicated in the present case as there is no public witness of the said recovery of Rs. 12,000 and some jewellery from the applicant and no test identification parade has been conducted. He has explained criminal history of 12 cases in para-12 of the bail application and he is languishing in jail since 28.07.2025. 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 aforesaid facts as argued by the learned counsel for the applicant. 6. On due consideration to the submissions advanced, perusal of the record, the bail order of the co-accused Ajmal, as also the fact that the applicant has Versus Counsel for Applicant(s) : Umesh Kumar Maurya Counsel for Opposite Party(s) : G.A. Riyaz .....Applicant(s) State Of Up Thru. Prin. Secy. Home Lko. .....Opposite Party(s) explained criminal history of 12 cases in para-12 of the bail application; the fact that no test identification parade has been conducted nor there is any public witness of the said recovery; the applicant is languishing in jail since 28.07.2025 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail on the ground of parity. 7. Accordingly, the bail application is allowed. 8. Let the applicant- Riyaz involved in Case Crime No. 443 of 2025 under Sections 305(a), 317(2), 317(4) B.N.S, P.S. Madiyaon, 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. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. 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 209 of B.N.S. October 15, 2025 DiVYa BAIL No. 9790 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench