Neutral Citation No. - 2025:AHC-LKO:41553 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1591 of 2025 Applicant :- Anjum Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. Counsel for Applicant :- Mohd. Nafees,Mohammad Afsar,Pawan Kumar Singh,Yogeshwar Sharan 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.165 of 2024, under Sections 3/5/21/23 BUDS Act, P.S. Bangarmau, District Unnao. In the prosecution case it is alleged that there was friendship between complainant and applicant. Applicant has asked to the complainant that applicant and co-accused Kasan @ Arbaz Khan are investing money in share market and he also suggested for investment in share market to the complainant as a result, the complainant had online transferred Rs.20-22 lacks in the bank account of the applicant and co-accused on assurance given by applicant for providing profit after some time to the complainant but later on, he had stopped the same and when the complainant had asked for his money of Rs.22 lacks then he had stated that the money is lying with co-accused and when the complainant went at the house of co-accused Kasan then he told that he had returned all the money in the bank account of the applicant and now the applicant is not returning the money of the complainant and making excuse. Learned counsel for applicant submits that dispute is purely civil in nature; at the most the complainant has a remedy of filing suit for recovery of money. He submits that the offence under the Banning of Unregulated Deposit Schemes Act, 2019 (in short, "BUDS Act") has to be investigated by the CBI in view of Section 30 of the BUDS Act however, the same is investigated by local police therefore, there is non-compliance of Sections 29 & 30 of the BUDS Act. No offence has been committed by the applicant. He has already been enlarged on bail in the ofences under Sections 406, 506, 504 IPC. He submits that applicant is in jail since 05.10.2024. The offences are triable by magistrate. Applicant has explained the criminal history in paragraph 22 of the bail application. Learned A.G.A. has opposed the bail prayer. Perused the record. A perusal of the supplementary affidavit filed today which is taken record shows that he has paid Rs.38,02,000/- to the complainant against the amount mentioned in the F.I.R. The copy of the bank statement of the transaction have been filed along with the supplementary affidavit. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 05.10.2024, offences are triable by magistrate, there is non-compliance of Sections 29 & 30 of the BUDS Act 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 however, it is provided that learned trial court may impose appropriate conditions considering the punishment provided under Sections 21 & 23 of the BUDS Act. Let the applicant Anjum Ali 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 229-A of the Indian Panel Code (now 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 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 of the Indian Panel Code (now Section 209 BNS). Order Date :- 21.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench