Neutral Citation No. - 2025:AHC:81788 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44043 of 2024 Applicant :- Kaushal Narain Sharma @ Ranu Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Tripathi Counsel for Opposite Party :- Ajay Pratap Singh,Amar Chandra,G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Rejoinder affidavit filed by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the material brought on record. 3. Learned counsel for the applicant has argued that the F.I.R. was lodged in unknown with the allegation that when the informant went to an A.T.M. Machine for withdrawal of money, one unknown person committed cheating with him and exchanged his A.T.M. card and by his A.T.M. card that person had withdrawn the amount of Rs. 1,30,000/-. At the time of arrest the police has shown recovery of several A.T.M. cards from the possession of applicant, but such recovery is not witnessed by any independent person. Learned counsel further submits that at the trial the informant appeared as P.W.1 and in his cross-examination he had specifically stated that, that person who exchanged his A.T.M. card at the time of occurrence was not the applicant, thus, he denied that the applicant was not involved in the occurrence. Thus, learned counsel submits that there is bleak chance that applicant may be convicted. There is criminal history of six cases against the applicant in which he is on bail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant is in jail since 08.10.2024. 4. Per contra, learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence, but they could not dispute that P.W.1 in his cross examination had denied the involvement of the applicant in the occurrence. 5. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 6. Let the applicant-Kaushal Narain Sharma @ Ranu, be enlarged on bail in Case Crime No. 304 of 2024, under Sections 420, 411 I.P.C., Police Station- Kotwali, District- Shahjahanpur, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 7. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. Order Date :- 16.5.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad