Neutral Citation No. - 2025:AHC:11170 Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2156 of 2025 Applicant :- Suneel Kumar Alias Bani Opposite Party :- State of U.P. Counsel for Applicant :- Adya Shankar Chaturvedi,Arvind Agrawal Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant-accused, learned A.G.A. for the State and perused the record. 2. The present bail application has been filed by the applicant- accused in case crime No.98 of 2021, under Sections 409, 120B IPC, Section 60 Excise Act and Section 7-A Prevention of Corruption Act, 1988, police station Kotwali Dehat, District Etah with the prayer to enlarge the applicant-accused on bail. 3. It has been argued by learned counsel for the applicant-accused that applicant-accused is innocent and he has been falsely implicated in this case. As per prosecution version, in the inspection of the year 2020-2021 of police station Piluwa, district Etah, 1459 cartons of liquor, which was case property of eight cases, was found missing from the Malkhana of the police station. Learned counsel submitted that the applicant is not named in the first information report, which was lodged against In-charge of the police station, namely, Indresh Pal Singh and head constable Rasal Singh. During investigation applicant has been falsely implicated in this case, merely because the said co-accused persons used to remain in touch with applicant. No recovery of alleged liquor has been made from applicant. There is no evidence to support the prosecution allegation that the said case property was misappropriated in connivance with the applicant. Similarly placed co-accused Pradeep Kumar @ Bantu Yadav has been granted bail by this Court. Coaccused Indresh Pal, who was named in the first information report, has also been granted bail by the trial court. Criminal history of four other cases has been shown against the applicant and the same has duly been explainted. Lastly, it has been submitted that the applicant-accused is languishing in jail since 6.12.2024 and that in case the applicant-accused is released on bail, he will not misuse the liberty of bail and will co-operate in trial. 4. Learned A.G.A. has opposed the prayer for bail and submitted that applicant along with his brother Pradeep Kumar @ Bantu Yadav was in touch with co-accused persons and the alleged case property was misappropriated in connivance with the applicant. However, it could not be disputed that similarly placed co-accused Pradeep Kumar @ Bantu Yadav has already been granted bail. 5. Considering the submissions of learned counsel for the parties, nature of accusations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits, a case for bail is made out. Hence, the bail application is hereby allowed. 6. Let the applicant-accused Suneel Kumar Alias Bani involved in aforesaid crime be released on bail on 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-accused shall not tamper with the evidence during the trial. (ii) The applicant-accused shall not pressurize/ intimidate the prosecution witness. (iii) The applicant-accused shall appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The applicant-accused shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (v) The applicant-accused 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 7. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant-accused in accordance with law. Order Date :- 22.1.2025 LN Tripathi Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad