HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 41419 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Nityanand Srivastava, learned counsel for the applicant, Shri Shashank Singh, learned Brief Holder appearing for the State of U.P. as also Shri Pramod Kumar Srivastava, learned counsel for the first informant and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Rajendra Sharma, seeking enlargement on bail in Case Crime No. 304 of 2025, under Sections 318 (4), 316 (5), 61 (2), 352, 351 (2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Sadar Bazar, District Shahjahanpur, during the pendency of the trial before the Court below. The bail application of the applicant before the Court below was rejected by the learned Sessions Judge, Shahjahanpur. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 27.12.2024. Learned counsel for the applicant submits that as per the allegation set out in the first information report lodged by the first informant Ramesh Kumar Saxena son of late Ram Dulare Saxena, which was lodged resorting to provisions of Section 173 (4) of BNSS, nominating six persons including the applicant herein, with the allegation that co-accused Rajiv Kumar Sharma started a private company in the name and style of Pratistha Producer Company Ltd., having its registered office at Indira Awas Sahkari Colony, Moradabad, in which he was working Versus Counsel for Applicant(s) : Nityanand Srivastava Counsel for Opposite Party(s) : G.A., Pramod Kumar Srivastava Rajendra Sharma .....Applicant(s) State of U.P. .....Opposite Party(s) as the Chief Managing Director and the applicant and other co-accused were employees. The first informant and his friend are stated to have made investment in the said firm and sought to withdraw the said investment on its maturity, but the nominated persons did not permit the informant to do so. It is next contended that the criminal history of two cases have been duly explained by the applicant by way of supplementary affidavit. It is also contended that the charge sheet in this case has been filed against the applicant on 20.8.2025 under Section 318 (4), 352, 351 (2), 316 (5), 61 (2) BNS and co-accused Chandan Sharma has been exonerated. The investigation against other co-accused is pending. It is also contended by learned counsel for the applicant that co-accused Rajiv Kumar Sharma i.e. the Chief Managing Director has returned the funds stated to have been invested by the first informant and first informant entered into a compromise on 31.7.2025, which has been brought on record as Annexure 5 to the affidavit filed in support of the bail application. The said compromise was also forwarded to the Superintendent of Police and the Investigating Officer and an affidavit is also stated o have been executed by the first informant before the Chief Judicial Magistrate, Shahjahanpur on 16.9.2025 before whom the case is being tried. It is contended by learned counsel for the applicant that the amount invested by the first informant has already been repaid to the applicant and in such circumstances, no offence as alleged can be said to be made out against the applicant and he is entitled to be released on bail. Hence, bail has been prayed for. Shri Pramod Kumar Srivastava, learned counsel, who has put in appearance on behalf of first informant has filed short counter affidavit annexing copy of the compromise dated 13.7.2025 as also the compromise affidavit dated 16.9.2025, stated to have been filed before the Chief Judicial Magistrate, Shahjahanpur and in Paragraph 8 of the counter affidavit it is admitted that funds of the first informant has been returned. He has no objection, if the applicant, is released on bail. Learned Brief Holder for the State does not dispute the above factual aspect of the matter. BAIL No. 41419 of 2025 2 Considering all above facts and circumstances and taking note of the fact that the amount involved vis-a-vis the informant of the present case has already been returned, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Rajendra Sharma, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. April 1, 2026 Ravi Prakash BAIL No. 41419 of 2025 3 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad