Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1696 of 2025 Applicant :- Suraj Noniya Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. Counsel for Applicant :- Nasreen Bano Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.188 of 2024, under Sections 303(2), 318, (4), 319(2), 238, 61(2)A, 3(5), 111(2)(ii) BNS and 66(C) Information and Technology Act, Police Station- Cyber, District- Lucknow. In the prosecution case, it is alleged in the prosecution case that the applicant in connivance with the co-accused persons, has committed organised OnLine crime. A mobile and 40 rupees are said to be recovered from the possession of the applicant. Learned counsel for the applicant submits that the alleged recovery is false, as there is no independent witnesses to the recovery. It is further submitted that no offence under section 111(2) B.N.S. is made out against the applicant. Prior to this case, the applicant was not having any criminal history. In one arrest, three cases have been slapped on the applicant. It is submitted that the case of the applicant is not covered under explanation (ii) of Sub Section (1) of Section 111 of B.N.S. and no charge sheet again him has been filed prior to this arrest against the applicant. The counsel also pointed out that the co- accused Govind Kumar Mahto has been granted bail by this Court vide order dated 06.08.2025, and therefore, the applicant is entitled to bail on the ground of parity. Learned A.G.A. opposed the prayer for bail, however, from the record, he could not dispute the fact that prior to this arrest, no charge-sheet was filed against the applicant. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration to the order of the court in the case of Govind Kumar Mahto, the role assigned to the present applicant, and the fact that prima facie it does not appear that the offence under Section 111(2) B.N.S. is attracted alongwith the period of incarceration gone into by the applicant as he is jail since 18.12.2024, this Court finds it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant, Suraj Noniya, be released on bail in the aforesaid Case Crime No.188 of 2024, subject to their furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned, with the following conditions: (i) The applicants shall not tamper with the evidence during the trial. (ii) The applicants shall not pressurize or intimidate the prosecution witnesses. (iii) The applicants 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 to tamper with the evidence. (iv) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial Court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial Court may proceed against them under Section 229-A IPC (now Section 269 BNS). (vi) In case the applicants misuse the liberty of bail during trial and, in order to secure their presence, proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and they fail to appear before the Court on the date fixed in such proclamation, then the trial Court shall initiate proceedings against them, in accordance with law, under Section 174-A IPC (now Section 209 BNS). Order Date :- 21.8.2025 Haseen U. Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench