Neutral Citation No. - 2025:AHC:142880 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28370 of 2025 Applicant :- Ajay Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Piyush Kumar,Vishal Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Shri Vishal Pandey, learned counsel for the applicant and Shri Ashutosh Singh, learned A.G.A. for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.620 of 2024, under Sections 309(6) B.N.S., Police Station Jhangaha, District Gorakhpur, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits that FIR of the present case was lodged against unknown person for offence under Section 309(6) B.N.S. and as per FIR, some unknown thieves after causing injury to the wife of the informant committed the theft and during investigation on the basis of information furnished by police informer, applicant has been made accused in the present matter. 4. He further submits that however, as per prosecution when applicant was arrested then he confessed his guilt and on his pointing out one wooden stick, which was allegedly used in the crime, was recovered but admittedly stolen articles were not recovered from his possession. 5. He further submits that except above recovery, there is no other evidence against the applicant on record. 6. He further submits that however, apart from the present case applicant is having criminal history of six other cases but in four cases, he has been made accused alongwith present matter and his criminal history has been explained in the instant bail application. 7. He further submits that the alleged offence under Section 309(6) B.N.S. is triable by Magistrate and applicant is in jail in the present matter since 18.11.2024 i.e. for last nine months. 8. Per contra, learned AGA however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for both the parties and perused the record of the case. 10. However, as per allegation, some unknown thieves after causing injury to the wife of the informant committed the theft and during investigation applicant has been made accused in the present matter but it reflects, except the recovery of a wooden stick on his pointing out and his confessional statement, there is no other cogent evidence against him on record. 11. Further, however, apart from the present case applicant is having criminal history of six other cases but in four cases, he has been made accused alongwith present matter and his criminal history has been explained in the instant bail application. 12. Further, the alleged offence under Section 309(6) B.N.S. is triable by Magistrate and applicant is in jail in the present matter since 18.11.2024 i.e. for last nine months. 13. Therefore, considering the entire facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant- Ajay Nishad, 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. 16. 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. 17. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 20.8.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad