HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 9636 of 2026 Court No. - 66 HON'BLE SAMEER JAIN, J. 1. Heard Sri Avinash Chandra Srivastava, learned counsel for the applicant; Sri Santosh Kumar Gupta, learned counsel for the informant and Sri Rajiv Dhar Dwivedi, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 478 of 2025, under Sections 318(4), 316(5), 303(2),317(2), 238(a), 61(2) BNS, Police Station Bahjoi, District Sambhal, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant was the driver of the truck and as per allegation informant entrusted 888 bags of rice which have been misappropriated by the applicant alongwith co-accused Kamil the owner of the truck. 4. He further submitted that entire allegation made against the applicant are totally false and even owner of the truck Kamil has been released on bail by the co-ordinate Bench of this Court dated 30.4.2026 passed in Crl Mis. Bail Application No. 11832 of 2026 and as applicant is only driver of the truck, therefore, his case is on better footing than the case of co-accused Kamil. 5. He further submitted that applicant is having no criminal history and he is in jail in the present matter since16.1.2026. 6. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that actually co-accused Kamil is brother of the applicant and both involved in the alleged commission of misappropriation but they could not dispute the fact that co-accused Kamil has already been released on bail by this Court and apart from the present case applicant is having no previous criminal history. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, there is allegation of misappropriation of bags of rice of the informant against the applicant and co-accused Kamil but as per prosecution applicant was Versus Counsel for Applicant(s) : Avinash Chandra Srivastava, Subham Singh Counsel for Opposite Party(s) : Santosh Kumar Gupta, G.A. Rihan .....Applicant(s) State of U.P. .....Opposite Party(s) driver of the truck and co-accused Kamil was the owner of the truck and co-accused Kamil has already been released on bail by the co-ordinate Bench of this Court. 9. 9. Further, applicant is having no criminal history and he is in jail in the present matter since16.1.2026 i.e. for last three and half months. 10. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant-Rihan, 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. 13. 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. 14. 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. May 7, 2026 Ankita BAIL No. 9636 of 2026 2 (Sameer Jain,J.) Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad