Neutral Citation No. - 2025:AHC-LKO:14900 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1448 of 2025 Applicant :- Rajesh Kumar Verma @ Bablu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Pankaj Verma,Ashish Verma Counsel for Opposite Party :- G.A.,Suresh Kumar Pandey Hon'ble Shree Prakash Singh,J. Counter affidavit filed today by counsel for the complainant is taken on record. Heard learned counsel for the applicant, counsel for the complainant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 237 of 2024 under sections 319(2), 318(4), 338, 336(3), 340(2), 352, 316(2) B.N.S. P.S.-Motiganj District - Gonda. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the applicant had initially lodged the first information report on 12.08.2024 and in-retaliation, the present FIR has been lodged for saving the skin of the complainant. He next submits that the applicant had taken no money as is alleged in the first information report and the amount if any is given to Pari Kumari @ Madhuri Devi and the role of the present applicant is distinguishable from the role of the aforesaid. He also submits that the chargesheet has been filed as such, there is no possibility that he would tamper the evidences or would threaten the witnesses. He also added that there is a case criminal history of the applicant which has been explained in paragraph no. 23 of the affidavit filed in support of the bail application and he undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Per contra, learned counsel appearing for the complainant has opposed the contentions aforesaid and submits that the applicant is a key player and on alluring the applicant, he has given the amount and further added that the (QR) Quick Response Code is furnished by the applicant to the complainant and thereafter, the said amount was transferred by the complainant to one Pari Kumari. He submits that the applicant has admitted the commission of offence in the agreement entered into between the parties and after thorough investigation, it was found that the applicant was involved in committing offence and therefore, the chargesheet has been filed against him thus, submission is that he is not entitled for any relief. Learned AGA appearing for the State has supported the version of counsel for the complainant. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is languishing in jail since 16.11.2024; chargesheet has been filed; the role of the present applicant is distinguishable from the role of Pari Kumari@Madhuri Devi; there is a case criminal history of the applicant which has been explained in paragraph no. 23 of the affidavit filed in support of the bail application; prima facie, there is no cogent piece of evidence against the applicant so as to connect him with the offence coupled with the fact that the applicant has undertaken that in case, he is granted bail, he will not misuse the liberty of same and would cooperate in the trial proceedings. Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicant- Rajesh Kumar Verma @ Bablu involved in the aforementioned crime 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:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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. He 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 under Section 229-A of the Indian Penal Code; (3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and (4) 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. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 11.3.2025 Mayank Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench