Neutral Citation No. - 2025:AHC-LKO:38399 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3118 of 2025 Applicant :- Gaurav Mishra @ Gaurav Pratibh Mishra And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Nishant Srivastava,Ripu Daman Shahi,Upendra Kumar Singh,Vivek Kumar Singh Counsel for Opposite Party :- G.A.,Santosh Kumar Mishra Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. According to the prosecution, it is alleged that the accused persons extorted Rs. 15,000/- from the complainant by issuing threats and, while leaving the office, warned him that he would have to pay Rs. 20,000/- per month, failing which he would be killed. Learned counsel for the applicants submits that they are innocent and have been falsely implicated. It is further contended that the complainant suspects that the applicants have an illicit relationship with his wife, and to settle personal vendetta, multiple cases have been filed against them. This specific pleading is made in paragraph 8 of the rejoinder affidavit. The applicants are in custody since 05.02.2025. The applicants have also explained the criminal history involving three other cases in the bail application. It is further submitted that there is no possibility of the applicants of fleeing away after being released from jail or tampering with the witnesses. In case the applicants are enlarged on bail, they shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicants. On due consideration to the fact that the applicants have a criminal history limited to three cases, all of which have been lodged either by the complainant, his wife, or at his behest, and there is no other criminal antecedent; no independent witness has supported the allegation of extortion of Rs. 15,000/-; the charge sheet has been filed; and that the applicants are in in custody since 05.02.2025, without expressing any opinion on the merits of the case, I am of the view that it is a fit case for grant of bail to the applicants. Accordingly, the bail application is allowed. Let the applicants Gaurav Mishra @ Gaurav Pratibh Mishra and Vaibhav Mishra @ Vaibhav Pratibh Mishra, involved in Case Crime No. 85/2025, under Sections 308(5)/352/351(3) BNS, Police Station - Kotwali Nagar, District - Gonda, be released on bail on their 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 applicants will not tamper with the evidence during the trial. (ii) The applicants will not pressurize/ intimidate the prosecution witness. (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 tamper with the evidence. (iv) The applicants 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against his in accordance with law. (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 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 IPC (now Section 209 of BNS). Order Date :- 7.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench