HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10024 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.Heard Mr. Raghvendra Mani Ojha, learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that the informant while he was returning from his jewellery shop on 28.7.2025 at about 7.00p.m. with 7kg silver and 70gm jewellery of gold in a bag, four persons on two bikes came and snatched the bag containing jewellery. On an alarm being raised, they ran away with threat to kill. 3.Learned counsel for the applicant submits that on one recovery, he has been implicated in two first information reports. One is the present first information report and the other is first information report No.0143 of 2025, P.S. Sangramgarh, district Pratapgarh. Name of the applicant has surfaced in the confessional statement of Abhishek Soni in police custody who has been granted bail by a coordinate Bench of this Court vide order dated 16.9.2025 passed in Bail No.8847 of 2025. The two other co-accused Ankit Soni alias Honey and Toofani have also been granted bail vide orders passed in Bail Nos.9660 of 2025 and 9736 of 2025 respectively. The applicant claims parity. The applicant is in jail since 18.8.2025. It is further submitted that there is no possibility of the applicant of Versus Counsel for Applicant(s) : Raghvendra Mani Ojha, Mayankar Singh Counsel for Opposite Party(s) : G.A. Suryabhan Patel @ Surya .....Applicant(s) State Of U.P. Thru. Prin. Addl. Chief Secy. (Home) Govt. Of U.P. Lko. .....Opposite Party(s) fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 4.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. 5.Considering the facts and circumstances of the case, the co-accused persons, named above, have been granted bail, nothing has been recovered from the applicant in the current first information report, i.e. first information report No.0137 of 2025, the recovered silver relates to the earlier first information report, the applicant has explained the criminal history of one case in the supplementary affidavit, there is no other criminal history of the applicant, the applicant is not named in the first information report, no identification parade has been conducted and there is no public witness of the alleged recovery, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail. 6.Let the applicant Suryabhan Patel alias Surya, involved in Case Crime No.0137 of 2025 under sections 309(6), 311, 351(3), 115(2), 317(2) BNS, P.S. Sangramgarh, district Pratapgarh, 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 BAIL No. 10024 of 2025 2 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 under Section 229-A I.P.C. (now 269 BNS) (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 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 I.P.C. (now 209 BNS). 7.The application is allowed accordingly. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merit of the trial. October 17, 2025 kkb/ BAIL No. 10024 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench