HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 1761 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1..Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that the applicant in connivance with the co-accused persons, has committed organised OnLine crime. Allegedly, a mobile has been stolen and from the mobile, certain amount has been transacted by inserting new SIM. 3.Learned counsel for the applicant submits that except offence under section 111(2) B.N.S., rest of the offences are punishable upto seven years. 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. as prior to this offence, no charge sheet again him has been filed in the last 10 years. The applicant has been falsely implicated. The applicant is in jail since 18.12.2024. It is submitted that except Rs.40/- and mobile shown to have been recovered from the applicant, there is nothing against the applicant. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Versus Counsel for Applicant(s) : Nasreen Bano Counsel for Opposite Party(s) : G.A. Suraj Noniya .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. U.P. Govt. Lko. .....Opposite Party(s) 4.Learned A.G.A. opposed the prayer for bail, however, upon being confronted, he could not show any charge sheet filed against the applicant in the preceding 10 years from the date of commission of this alleged offence. Prima facie, ingredients of Explanation (ii) of Section 111(1) BNS appear to be missing. 5.Considering the facts and circumstances of the case, charge sheet has been filed, the applicant is not a previous convict, the co-accused Govind Kumar Mahto has been granted bail vide order dated 22.8.2025 passed in bail No.2210 of 2025, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail. 6.Let the applicant Suraj Noniya, involved in Case Crime No.203 of 2024, under sections 303(2), 318(4), 317(2), 238, 61(2)A, 3(5), 111(2)(ii) of BNS, 66-C Information and Technology Act, P.S. Cyber Crime, district Lucknow, 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 which are being imposed in the interest of justice:- (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 BAIL No. 1761 of 2025 2 Section 229-A I.P.C. (now 269 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 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 I.P.C. (now 209 BNS). 7.The application is allowed accordingly. September 1, 2025 kkb/ BAIL No. 1761 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench