HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 6171 of 2026 Court No. - 66 HON'BLE SAMEER JAIN, J. 1. Heard Sri Anand Vibhor Singh, learned counsel for the applicant and Sri Shatrughan Yadav, 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. 207 of 2025, under Sections 305A, 331(4), 317(5) of BNS, Police Station- Gajner, District- Kanpur Dehat, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits that however, as per allegation, applicant committed theft in the house of the informant and even stolen articles were recovered from the possession of the applicant but entire allegations levelled against the applicant are totally false. 4. He further submits, actually applicant was having criminal history of five other cases, therefore, during investigation, he has been implicated in the present matter. He next submits, his entire criminal history of five cases have been explained. 5. He further submits except offence under Section 317(4) of BNS, all the offences are triable by Magistrate with maximum punishment of seven years and there is no cogent evidence which can suggest that applicant is habitual in dealing with stolen property and, therefore, prima facie, offence under Section 317(4) BNS is not made Versus Counsel for Applicant(s) : Anand Vibhor Singh, Karunesh Pratap Singh Counsel for Opposite Party(s) : G.A. Ajeet Singh @ Lalu @ Lambu .....Applicant(s) State of U.P. .....Opposite Party(s) out against the applicant. He further submits, he is in jail in the present matter since 09.10.2025 i.e. for last more than six months. 6. Per contra, learned AGA however opposed the prayer but could not dispute the argument on facts advanced by the learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. However, as per allegation, applicant involved in commission of theft in the house of the applicant and he was also habitual in dealing with stolen property but except offence under Section 317(4) BNS, all the offences are triable by the Magistrate and after considering the entire material available on record, this Court finds merit in the argument advanced by learned counsel for the applicant that there is no cogent evidence against the applicant with regard to the offence under Section 317(4) BNS. 9. 9. Further, however, apart from the present case, applicant is having criminal history of five other cases but his entire criminal history of five cases have been explained and in the present matter, applicant is in jail since 09.10.2025 i.e. for last more than six 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- Ajeet Singh alias Lalu alias Lambu 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. BAIL No. 6171 of 2026 2 (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 12, 2026 Mini BAIL No. 6171 of 2026 3 (Sameer Jain,J.) Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad