Neutral Citation No. - 2025:AHC-LKO:34685 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5068 of 2025 Applicant :- Ankit @ Maan Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Manoj Kumar Singh 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. In the prosecution case, it is alleged that while the complainant Balwant along with Ram Bharose, Charanju, Tribhuwan Yadav and Anesh Yadav had to Aryavart Bank, branch Talgaon to deposit loan and after depositing loan, at about 1.00 O' Clock while Ram Bharose came out of bank and was sitting in Bolero vehicle, the named accused persons started hurling abuses and beating Ram Bharose and the persons accompanying him, have kidnapped Ram Bharose. Learned counsel for the applicant submits that the version of the prosecution in the first information report is exaggerated and falsified by the statement of the eye witnesses Asha Ram, Abdul Vaheed, Dilshad and Ram Gopal Kashyap who have alleged that Ram Bharose has been kidnapped upon Platina motorcycle by Aman and Parmeshwar. Name of the applicant has not been taken by them. The case of the applicant is distinguishable from the co-accused Aman and Parmeshwar. Rest of the witnesses are not eye-witnesses and they have levelled general allegations. The applicant has explained criminal history of one case in the bail application. The applicant is in jail since 11.7.2024. 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. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Considering the facts and circumstances of the case, the applicant has explained criminal history of one case, statement of the independent witnesses where specific role of kidnapping has been assigned to the co-accused Aman and Parmeshwar and the role of the applicant is distinguishable from the role of above two co-accused persons, arguments advanced by learned counsel for the parties, the applicant is in jail since 11.7.2024, and without expressing any opinion on the merits of the case, I am prima facie satisfied that it is a fit case for enlarging the applicant on bail and accordingly, the bail application is allowed. Let the applicant Ankit alias Maan Singh, involved in Case Crime No.257 of 2024 under sections 115(2), 352, 140(1), 190, 191(2) BNS, P.S. Talgaon, district Sitapur, 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 Section 229-A of the Indian Penal Code. (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. 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 Penal Code. Observation(s) made herein above shall not be considered as an expression of opinion on merit of the case. Order Date :- 5.6.2025/kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench