Neutral Citation No. - 2025:AHC-LKO:38336 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1576 of 2025 Applicant :- Sunil Srivastava @ Chhote Srivastava Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Pankaj Verma,Kuldeep Kumar Srivastava,Neeraj Srivastava Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.371 of 2024, under Sections 316(2), 317(2), 317(4), 318(4), 336(3), 338, 340(2), 3(5) of BNS, P.S. Dalmau, District Raebareli. In the prosecution case it is alleged that accused persons lured the complainant and her mother in installing WiFi tower and promised that they will get Rs.30,00,000/- after installation and guard will get Rs.25,000/- per month. On this pretext they have taken Rs.3,65,000/- from them at various stages. When the complainant and his mother asked them to install the tower they made an excuse. Learned counsel for applicant submits that applicant is not named in the F.I.R., there is no previous criminal history of the applicant except one criminal history which is linked with this case. The name of the applicant has surfaced during investigation of the confessional statement of the co-accused. The alleged recovery is false. There is no independent witness to the recovery. He submits that the applicant is in jail since 16.01.2025. He submits that the charge-sheet has been filed on 04.04.2025. Learned A.G.A. has opposed the bail prayer and has submitted that on the pointing out of the applicant, recovery of forged seals have been made from the dash board of the Creta vehicle. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 16.01.2025, offences are triable by magistrate, applicant is not named in the F.I.R., charge-sheet in the case has been filed and without expressing any opinion on 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 Sunil Srivastava @ Chhote Srivastava be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (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 under Section 269 of BNS. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under 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 209 BNS. Order Date :- 7.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench