HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 14643 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Rejoinder affidavit filed today by the learned counsel for the applicants is taken on record. 2. Heard Sri Kamal Krishna, learned Senior Counsel assisted by Sri Irshad Ahmad, learned counsel for the applicants and Sri Sunil Kumar, learned A.G.A. for the State and also perused the material placed on record. 3. Applicants seek bail in Case Crime No. 087 of 2025, under Sections 316(5), 317(4), 61(2), 334(2), 45 of BNS, Section 20 of Indian Telegram Act and Section 6(1A) of Indian Telegram and Wireless Act, Police Station - Nakhasa, District - Sambhal, during the pendency of trial. 4. The FIR has been instituted by police and it has been vaguely stated in it that the applicants used to commit theft with the tankers of several reputed companies, thereby committed criminal breach of trust. 5. Learned Senior Counsel for the applicants has argued that the allegations are per se false. There is no mentioning of fact regarding the ownership of the said tanker. The applicant has simply been made an accused by the police to show good work. 6. Learned Senior Counsel has also stated that the FIR is delayed and there is no explanation of the said delay caused. There is no criminal history of the applicants. The applicants are languishing in jail since Versus Counsel for Applicant(s) : Anubhav Srivastava, Irshad Ahmad, Sunil Kumar Srivastava Counsel for Opposite Party(s) : G.A. Mohd Fardeen And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 15.04.2025 and they are ready to cooperate with trial. In case, the applicants are released on bail, they will not misuse the liberty of bail. 7. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicants and also the fact that the applicants have no criminal history. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, delay in lodging the FIR and also considering the fact that the ownership of the said tanker has not been mentioned, prima-facie I find it a fit case to release the applicants on bail. The bail application is allowed. 9. Let the applicants- Mohd. Fardeen, Mohd. Kaif and Mohd. Aman, who are involved in aforementioned case crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicants will not tamper with the evidence during trial. ii) The applicants will not pressurise/intimidate with the prosecution witnesses. iii) The applicants will appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 15, 2025 Siddhant BAIL No. 14643 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad