HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10002 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. Learned counsel for the applicant submits that even if the prosecution case is accepted in its entirety, it does not constitute an offence of robbery. At best, it may amount to an offence of snatching under Section 304 BNS, as neither any hurt was caused nor was there any attempt by the accused to cause hurt to the victim. The applicant is languishing in jail since 07.09.2025 without having any criminal antecedents. Learned counsel for the applicant submits that the co-accused Umesh Kumar, who was assigned the similar role has been enlarged on bail by this Court vide order dated 14.11.2025 passed in criminal misc. bail application No. 10326 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 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 AGA has opposed the bail application, submitting that the looted mangal sutra has been recovered from the co-accused, and the victim has identified both the applicant and the stolen article. Versus Counsel for Applicant(s) : Atul Kumar Singh Gaur, Sushil Prakash Pandey Counsel for Opposite Party(s) : G.A. Rambihari .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) Prima facie, upon perusal of the FIR, the recovery memo, and the victim's statement in the case diary, the ingredients necessary to attract Section 304 BNS appear to be missing and there is no independent witness of the recovery and co-accused has been granted bail, therefore, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Rambihari involved in Case Crime No. 300 of 2025, Under Sec. 309(4), 3,17(2), BNS, Police Station- Haidergarh, District- Barabanki, 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 shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. 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 17, 2025 R.C. BAIL No. 10002 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench