Neutral Citation No. - 2025:AHC:73390 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3687 of 2025 Applicant :- Parvez Alam Ansari @ Raju Srivastava Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Tiwari,Mohd. Shaafi,Shujauddin Counsel for Opposite Party :- G.A.,Najakat Ali Hon'ble Chandra Dhari Singh,J. 1. The instant bail application under Section 483 of B.N.S.S. has been filed on behalf of applicant for bail in Case Crime No.410 of 2022, under Sections 420, 467, 468, 471, 504, 506 IPC, Police Station - Civil Lines, District - Rampur, during pendency of trial. 2. As per prosecution story, the first informant is a student and when he was studying in Lucknow three years' before he met the applicant and applicant gave assurance to provide the facility of B.A.M.S. Course to him on the payment of Rs.10,00,000/- (Rupees Ten Lacs). On that assurance given by the applicant he confessed his friends, namely, Lalaram, Mohd. Habib and Izzat Ali for admission in the course of B.A.M.S. As assurance given by the applicant, all the three friends were ready for taking admission in B.A.M.S. course. The first informant has transferred Rs.3,00,000/- (Rupees Three Lacs) to the account of applicant and Rs.2,00,000/- (Rupees Two Lacs) cash has also given to the applicant, therefore, total Rs.5,00,000/- has been paid to the applicant and informant's friends have also given Rs.5 - 5 lacs each to the applicant. After getting the money from the informant and his friends, applicant stopped to give response to the informant. When the informant approached the applicant, he was threatened to face dire consequences if he or his friends will demand the money as paid to him. 3. Learned counsel for applicant has submitted that the entire allegations as contended in the F.I.R., are baseless and fabricated. Applicant is innocent person and has been falsely implicated in the instant case due to ulterior motive. It is also submitted that criminal history has already been explained in paragraph - 6 of the supplementary affidavit. It is further submitted that after completion of investigation, charge sheet has been filed on 12.12.2024. Applicant is languishing in jail since 11.12.2024. It is also submitted that as per the direction of Co-ordinate Bench of this Court vide order dated 02.04.2025, applicant has already paid Rs.5,00,000/- to the informant, which has not been denied by learned counsel for the informant. 4. Learned counsel for applicant has ensured the Court that rest amount shall be paid to the informant within one month from the date of releasing of applicant from the jail. 5. Taking into consideration the aforesaid facts, it is prayed on behalf of applicant that he may be released on bail in the aforesaid crime. It is further undertaken by learned counsel for the applicant that applicant shall abide by all terms and conditions as imposed by this Court. 6. Per contra, learned counsel appearing on behalf of complainant has opposed the bail application, but has not contradicted the fact that complainant has received Rs.5,00,000/- from the applicant in compliance of order passed by this Court vide order dated 02.04.2025. 7. Learned AGA has also opposed the bail application of applicant and he has also not contradicted the facts as stated by learned counsel for the applicant during arguments. 8. Heard learned counsel appearing on behalf of applicant, learned AGA appearing on behalf of the State as well as learned counsel appearing on behalf of complainant, perused the contents made in bail application and material available on record. 9. It is admitted fact that after completion of investigation charge sheet has been filed, criminal history has been explained, about 50% amount has been paid to the informant, applicant is languishing in jail about more than five months and there is no possibility of completion of trial in near future, an undertaking given by learned counsel for applicant that applicant will abide by all terms and conditions imposed by this Court and there is no material on record brought by learned AGA to establish that if applicant will grant bail he will influence the trial or influence the witnesses. 10. Taking into consideration all the entirety of the matter as discussed above, without expressing any finding or opinion on merits of the case, the applicant is releasing on bail. Accordingly, the bail application is allowed. 11. Let the applicant - Parvez Alam Ansari @ Raju Srivastava, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.1,00,000/- (Rupees One Lac) and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. . (Chandra Dhari Singh, J.) Order Date :- 7.5.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad