HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 15015 of 2023 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 the firearm in question was released while authorities were misled by a false affidavit filed by the applicant, Deepak. Forgery is also alleged in documents submitted by the applicant, and it is further claimed that he concealed his criminal history. Learned counsel for the applicant submits that the co-accused, Abhishek Sharma, who was assigned a similar role, has already been granted bail by a coordinate Bench of this Court vide order dated 27.01.2022 in Bail Application No. 12049 of 2021. The offences involved are triable by a Magistrate. The applicant has disclosed his criminal history in ten other cases in paragraph 3 of the supplementary rejoinder affidavit. The charge sheet has been filed, and to date, only two prosecution witnesses have been examined. The applicant has been in custody since 22.12.2020. 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. Versus Counsel for Applicant(s) : Ramendra Kumar Misra, Irfan Khan, Syed Mohd. Munis Jafari Counsel for Opposite Party(s) : G.A. Deepak Dubey @ Deepu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko .....Opposite Party(s) In view of the above, considering that the offences are triable by a Magistrate, the charge sheet has already been filed, only two prosecution witnesses have been examined till date, and the applicant is in custody since 22.12.2020, coupled with the fact that co-accused Abhishek Sharma, who had a similar role, has already been granted bail, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Deepak Dubey @ Deepu involved in Case Crime No. 539 of 2020, Under sections-420, 467, 468, 471, 120-B, 201 I.P.C. and 30 of Arms Act, Police Station-Krishna 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 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 BAIL No. 15015 of 2023 2 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 8, 2025 R.C. BAIL No. 15015 of 2023 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench