Neutral Citation No. - 2025:AHC-LKO:36497-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5522 of 2025 Petitioner :- Sangeeta Tiwari Respondent :- State of U.P. Thru. Prin. Secy. Home Lko. and another Counsel for Petitioner :- Sarvesh Kumar Pandey Counsel for Respondent :- G.A. Hon'ble Pankaj Bhatia,J. Hon'ble Kshitij Shailendra,J. 1. Heard Shri Sarvesh Kumar Pandey, learned counsel for the petitioner and learned A.G.A. for the State. 2. The present writ petition has been filed seeking a writ of mandamus commanding the trial court to release husband of the petitioner on bail in compliance of order passed by this Court within stipulated time period. 3. Submission of learned counsel for the petitioner is that petitioner's husband was granted bail by this Court by order dated 04.03.2024 passed on Criminal Misc. Bail Application No.7870 of 2023 (Sanjeev Kumar Tiwari vs. State of U.P. Thru. Prin. Secy. Home Lko.) subject to certain conditions; one of which was that he would pay a sum of Rs. 62,50,000/- to the informant/complainant within nine months from the date of the order. It is further urged that condition also clarifies that in case, the same is violated, there would be sufficient ground for the informant to move appropriate application for cancellation of bail. Submission is that the process of furnishing bonds and sureties etc. consumed some time and when the petitioner's husband was not released on bail, the petitioner moved a transfer application before the Chief Judicial Magistrate, Lucknow with appropriate prayers. The Chief Judicial Magistrate, Lucknow, by order dated 22.05.2025, rejected the transfer application with the direction to the Presiding Officer to decide the matter as per the directions of the High Court. 4. Learned counsel for the petitioner further submits that despite the facility of bail having been extended to the petitioner's husband, he has not been released on bail and insofar as the condition of making payment of Rs.62,50,000/- is concerned, the same would be fulfilled after the petitioner's husband comes out of jail and, therefore, the instant petition has been filed. 5. Learned A.G.A. opposes the prayer by contending that since nine months period was fixed by this Court under the bail order dated 04.03.2024 and the same is admittedly over, learned C.J.M. was justified in rejecting the prayer made by the petitioner, however, learned A.G.A. does not dispute that the requirement of making payment under the bail order would be fulfilled/satisfied by the petitioner's husband, i.e. the accused, only when he comes out of bail. Submission is that as the nine months' period is over, learned Chief Judicial Magistrate was helpless in the matter and he could not extend the term mentioned in condition contained in the bail order. 6. Considering the peculiar facts and circumstances of the case and mandate of Hon'ble Supreme Court wherein successive directions have been and are being issued by the Apex Court that as soon as the bail is granted, no inordinate delay be caused in releasing the accused on bail, we find it a fit case to exercise our writ jurisdiction under Article 226 of the Constitution of India. 7. In view thereof, the writ petition is allowed. 8. A writ of mandamus is issued to the Presiding Officer/authorities concerned to release the accused-Sanjeev Kumar Tiwari involved in Case Crime No.0509 of 2022, under Sections 406, 409, 420, 506 IPC, Police Station-Vibhuti Khand, District Lucknow forthwith as soon as the present order reaches to the Presiding Officer/authorities concerned. 9. The conditions enumerated in 'paragraph 10' of the bail order dated 04.03.2024 shall remain intact, however, the sum of Rs.62,50,000/- shall be paid by the accused to the informant/complainant within nine months after he comes out of jail. Order Date :- 26.6.2025 Jyotsana (Kshitij Shailendra, J.) (Pankaj Bhatia, J.) Digitally signed by :- JYOTSANA SINGH High Court of Judicature at Allahabad, Lucknow Bench