HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9533 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. In the prosecution case, it is alleged that on 27.03.2025 at around 7:00 p.m., two unidentified persons committed a robbery at the informant’s gas agency at gunpoint and looted a sum of Rs. 82,030/-. Subsequently, two persons, namely Akash Soni and Avinash Kamal, were arrested. During custodial interrogation, Avinash Kamal disclosed the names of his co-accused, Shivam Pandey and Rohit Jaat. Learned counsel for the applicant submits that the role attributed to the present applicant is identical to that of co-accused Shivam Pandey, who has already been granted bail by this Court vide order dated 10.09.2025 passed in Criminal Misc. Bail Application No. 8638 of 2025. The applicant, therefore, seeks parity with the said order granting bail to co-accused Shivam Pandey @ Shivam. It is further submitted that the applicant’s criminal history has been duly explained in paragraph no. 19 of the bail application. The applicant is incarcerated since 05.07.2025. 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. Versus Counsel for Applicant(s) : Jainendra Singh, Gaurav Mishra Counsel for Opposite Party(s) : G.A. Avinash Kamal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. .....Opposite Party(s) 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. Considering the bail orders of co-accused Shivam Pandey and Rohit Kumar @ Rohit Jaat, the similar role assigned to the present applicant, and the fact that he has been in custody since 05.07.2025, I am of the view that this is a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Avinash Kamal involved in Case Crime No. 138 of 2025, under Sections 309(4), 317(2) B.N.S, registered at Police Station Ramnagar, 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 BAIL No. 9533 of 2025 2 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). 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 13, 2025 R.C. BAIL No. 9533 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench