Neutral Citation No. - 2025:AHC:83860 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14169 of 2025 Applicant :- Raju Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Atul Kumar Shahi Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. Heard Sri Brijesh Kumar Pal, Advocate holding brief of Sri Atul Kumar Shahi, learned counsel for the applicant and Sri Shashikant Rai, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 190 of 2024, under Sections 419, 420, 467, 468, 471, 406 and 120B IPC, Police Station Shahpur, District Gorakhpur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that FIR of the present case was lodged against driver and owner of the truck with the allegation that they misappropriated the flour which were loaded on the truck and during investigation after five months applicant has been made accused on the basis of statement of the truck driver and except the statement of the truck driver, there is no cogent evidence against the applicant on record. He further submitted that applicant was having previous criminal history of only one case, which is explained in para no. 26 of the bail application. Co-accused namely Dinesh Kumar Rai has already been released on bail vide order dated 03.10.2024 passed by this Court in Crl. Misc. Bail Application No. 35341 of 2024. He further submitted that applicant is in jail since 18.03.2025. 4. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 5. Considering the fact that it appears, co-accused has already been released on bail and criminal history of only one case against the applicant has been explained in the bail application, applicant is in jail since 18.03.2025, without expressing any opinion on the merits of the case, the Court is of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 6. Let the applicant-Raju Pandey, be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti- social activity. 7. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. Order Date :- 19.5.2025 VS (Chandra Dhari Singh,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad