HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8506 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 the applicant has been falsely implicated. It is stated that during the course of routine checking, the applicant was apprehended, and a country-made 32-bore pistol along with one live cartridge was allegedly recovered from his possession. Subsequently, the applicant has been implicated in this case based on his confessional statement and the purported recovery of a Swift Dezire car on his pointing out, however, there is no independent witness to the alleged recovery. The co-accused, Surendra Rawat, who was assigned a similar role, has already been granted bail vide order dated 12.06.2025 in Bail No. 5232 of 2025. The applicant seeks parity with the co-accused. He has explained his criminal history in paragraph 26 of the bail application and is in custody since 06.02.2025. 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. In view of the above, considering that the co-accused, Surendra Rawat, who Versus Counsel for Applicant(s) : Ashutosh Counsel for Opposite Party(s) : G.A. Vijay Rawat .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) was assigned a similar role, has already been granted bail, the absence of any independent witness to the alleged recovery, the explaination of the applicant’s criminal history, and the fact that the applicant is in custody since 06.02.2025, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Vijay Rawat involved in Case Crime No. 28/2025, U/S- 309(6),351(3),3(5),317(2),317(4), Police Station -Kotwali, 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 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 BAIL No. 8506 of 2025 2 (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. 8506 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench