Neutral Citation No. - 2025:AHC-LKO:37368 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5954 of 2025 Applicant :- Girija Shankar Pal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Atul Verma,Arvind Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. It is alleged in the prosecution case that the applicant, along with five unidentified persons, lured the complainant into a car on the pretext of meeting a lawyer and thereafter, at gunpoint, took him near Raebareli Toll Tax. There, they threatened him and demanded 5,00,000. The complainant’s family managed ₹ to arrange Rs. 1,00,000/- which was delivered near the Trauma Centre at PGI, after which the complainant was released. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The FIR was lodged after an unexplained delay of five days. Although allegations were made against five accused persons, the charge sheet has been filed only against the present applicant, which falsifies the prosecution story. It is further submitted that both the applicant and the complainant were co-accused in Case Crime No. 214/2015, under Sections 302/120-B IPC, Police Station Krishna Nagar, District Lucknow. The applicant was granted bail in 2016, whereas the complainant remained in custody. At the complainant’s request, and owing to a friendly relationship, the applicant agreed to pursue the matter (pairvi) on his behalf and spent Rs. 1,00,000/- in the process. After the complainant was released on bail, the applicant demanded the repayment of the said amount. Instead of returning the money, the complainant allegedly filed a false and fabricated FIR to falsely implicate the applicant. It is further submitted that nothing has been recovered from the possession of the applicant. The criminal history of five cases, have been duly explained in paragraph 15 of the bail application. The applicant is in jail since 28.01.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned AGA has opposed the bail application submitting that charge sheet in the matter has been filed. On due consideration to the applicant's period of incarceration, the statements of prosecution witnesses, the delay in lodging the FIR, the fact that the charge sheet has been filed, and without commenting on the merits of the case, I am of the opinion that the applicant deserves to be released on bail. Accordingly, the bail application is allowed. Let the applicant Girija Shankar Pal involved in Case Crime/FIR No. 466/2023, under Sections 147/506/386 IPC, Police Station - Sarojini Nagar, 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 in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under 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 209 of BNS. Order Date :- 2.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench