Neutral Citation No. - 2025:AHC-LKO:44404 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6965 of 2025 Applicant :- Santosh Kumar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Manoj Kumar Mishra,Ajay Kumar Verma,Piyush Tripathi,Shubham Kumar Verma Counsel for Opposite Party :- G.A.,Gaurav Mani Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. A supplementary affidavit filed by learned counsel for the applicant is taken on record. As per the allegations made in the F.I.R., the applicant is a Director of the Timecity Multi-State Cooperative Housing Society. It is alleged that the applicant, along with the co- accused, deceived several investors by luring them into investing in the Society, however, no returns were provided, and the invested funds were usurped. Learned counsel for the applicant submits that the applicant held the position of Director only. It is further submitted that co-accused Ashok Singh, who served as the Vice President of the Society, has been granted regular bail by a coordinate Bench of this Court vide order dated 21.02.2025 in Criminal Misc. Bail Application No. 979 of 2025. Another co-accused, Pankaj Kumar Pathak, who was the Chairman of the Society, has also been granted anticipatory bail vide order dated 08.05.2025 passed in Criminal Misc. Anticipatory Bail Application under Section 482 BNSS No. 416 of 2025. The applicant seeks parity with the co-accused Ashok Singh. It is also submitted that co-accused Pankaj Kumar Pathak has refunded the amounts invested by the investors through execution of sale deeds. A list containing the names of such investors and the amounts refunded to them has been placed on record. The applicant has explained criminal antecedent involving 12 cases in paragraph 29 of the bail application and 7 additional cases in the supplementary affidavit. It is further submitted that the applicant is languishing in jail since 07.05.2025. 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, however, could not dispute the fact it is a case of parity. On due consideration to the facts that co-accused Ashok Singh (Vice President) has been granted regular bail, and co-accused Pankaj Kumar Pathak (Chairman) has been granted anticipatory bail by order dated 08.05.2025; the offences in question are triable by a Magistrate; and the applicant has been in custody since 07.05.2025, I find it to be a fit case for granting bail to the applicant on the ground of parity. Accordingly, the bail application is allowed on the ground of parity. Let the applicant Santosh Kumar Singh involved in case crime No. 0695 of 2024, under Sections 409, 420 IPC, P.S. Dewa, District Barabanki 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 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). It is clarified that the observations made in this order are confined to the present anticipatory bail application and shall have no bearing on the merits of the trial. Order Date :- 31.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench