Judgment · High Court

Learned counsel for the applicant submits that on the basis of one recovery, five cases have been registered against the applicant. He submits that the applicant is innocent and has been falsely implicated in the present case. There is no independent witness of the alleged recovery of 9 batteries of E- rickshaw. He further submits that the applicant has no criminal antecedents and is languishing in jail since 03.08.2025.

Learned A.G.A. opposed the prayer for bail and has submitted that the allegation against the applicant is of purchasing 9 stolen batteries of E- rickshaw, but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

Considering the facts and circumstances of the case, and also considering the nature of allegations, arguments advanced by learned counsel for the parties, the fact that there is no independent witness to the said recovery; the fact that chargesheet has been filed; the fact that the applicant has no 2 BAIL No. 10763 of 2025 previous criminal antecedents and languishing is i.e. since

03.08.2025; the fact that on one arrest, five F.I.Rs have been registered against the applicant and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.

Accordingly, the bail application is allowed.

Let the applicant Kamal Kutil, involved in Case Crime/FIR No. 559 of 2025, Under Sections- 317(2), 317(4), 317(5) B.N.S., Police Station- Para, District- Lucknow, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS). 3 BAIL No. 10763 of 2025

It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. November 13, 2025 DiVYa (Karunesh Singh Pawar,J.) ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench