Neutral Citation No. - 2025:AHC:120601 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24198 of 2025 Applicant :- Vishal Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Kumar Pandey,Rohit Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Supplementary affidavit filed today in Court is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 3. Learned counsel for the applicant submits that F.I.R. was lodged in unknown that some unknown accused after cutting the locks of shutter of the shop of informant stolen away eighty five thousand rupees. The accused also tried to attempt the theft in the nearby shop of the informant's shop and in CCTV footage two persons are seeing sitting behind a vehicle. Learned counsel for the applicant further submits that applicant was arrested by the police in an encounter after a month of the alleged occurrence and from his possession one country made pistol, Rs. 2350/- and a motorcycle has been shown to have been recovered, but such recovery is implanted as there is no independent witness of such recovery. There is no direct evidence against the applicant in the commission of alleged crime and he has been implicated in the present case due to ulterior motive. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. There are four cases into the credit of applicant in which he has been enlarged on bail. The criminal history of applicant has been explained in para-3 of the supplementary affidavit filed today. The applicant is in jail since 11.03.2025. 4. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 5. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 6. Let the applicant-Vishal Kumar, be enlarged on bail in Case Crime No. 82 of 2025, under Sections 331(4), 317(2), 305 of B.N.S., Police Station- Vijay Naqar, District- Ghaziabad, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 7. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. Order Date :- 22.7.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad