Neutral Citation No. - 2025:AHC:90692 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15474 of 2025 Applicant :- Raja Opposite Party :- State of U.P. Counsel for Applicant :- Ashiyam Nasir,Shabeena Begum Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 2. The present bail application has been filed on behalf of the applicant in Case Crime/FIR No.88 of 2025, under Sections 317 (2), 317 (4), 317 (5), 318 (4), 345 (3) of BNS and Section 4/25 Arms Act, Police Station-Civil Line, District- Rampur, with the prayer to enlarge him on bail. 3. As per prosecution story, on 18.02.2025, Sub-Inspector, Yogesh Kumar along with some constable were on patrolling duty had received information that two persons went to sell stolen motorcycle, which was theft from khandhar of Shivpuram. On the basis of said information, police apprehended the applicant and co-accused, Rafat Ali and from their pointing out, fifteen suspected stolen motorcycle, one country made pistol, one live cartridge and one knife were recovered. 4. The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case and in jail since 19.02.2025. He next submitted that no independent witnesses in support of the prosecution case. He next submitted that applicant is having criminal history of two cases, which has been explained in para-10 of the bail application and in those cases, applicant is on bail. He next submitted that seized motorcycles have not been connected with any specific case of theft as yet. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. 5. Learned A.G.A. opposed the prayer for grant of bail to the applicant. 6. Considering the rival submissions of learned counsel for the applicant, learned A.G.A. and going through the contents of FIR as well as recovery memo and without expressing any opinion on merits of the case, I find it to be a fit case for bail. 7. Let the applicant-Raja, who is involved in aforementioned case crime 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 subject to following conditions. (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (ii) 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 IPC. (iii) 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., may be issued and if 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. (iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 27.5.2025 Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad