HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9877 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record. 2. In the prosecution case it is alleged that the applicant, along with co- accused used to sell adulterated liquor by committing forgery to the customers. 3. Learned counsel for the applicant submits that the name the applicant has surfaced in the confessional statement of the co-accused. No incriminating article has been recovered from the applicant. 4. It is further submitted that the applicant has no criminal antecedents and the 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 and has submitted that the investigation is going on and the offences are triable by the Magistrate, but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 6. Considering the arguments advanced by learned counsel for the parties, the fact that no recovery has been made from the applicant, the applicant Versus Counsel for Applicant(s) : Gulam Mustafa Counsel for Opposite Party(s) : G.A. Prashant Jaiswal .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. .....Opposite Party(s) has no criminal history and he undertakes that he will co-operate in the trial also considering the fact that the applicant has been languishing in jail since 27.08.2025, this Court finds it to be a fit case for granting bail to the applicant. 7. Accordingly, the bail application is allowed. 8. Let the applicant Prashant Jaiswal, involved in Case Crime/FIR No. 0406 of 2025, Under Sections- 61(2)(a), 318(4), 338, 336(2), 340(2), 350 B.N.S and Sections 60/72 Excise 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 BAIL No. 9877 of 2025 2 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). 9. 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 14, 2025 kkb/ BAIL No. 9877 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench