HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8628 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.113 of 2025 under Section 309(4), 64, 333, 115(2), 352, 351(3), 126(2), 316(2), 317(2), 190, 191(2) BNS, Police Stationn Motiganj, District Gonda. In the prosecution story the complainant alleged that the applicant took Rs.6 lakhs and three blank cheques on the false assurance of providing a job. Thereafter, the applicant began threatening to implicate the complainant’s husband in false cases, kill her children, and forcibly established relations with her several times. On 05.07.2025, the applicant along with co-accused assaulted the complainant at her home. When she raised an alarm, neighbors gathered, and the accused fled, threatening dire consequences. Later, they allegedly looted her husband’s car and obtained his signatures on blank papers forcibly. Learned counsel for the applicant submits that the present case arises out of a financial dispute between the applicant, the victim, the victim’s husband, and the father of the applicant regarding certain monetary transactions. It is stated that the father of the applicant had given a sum of Rs. 3,00,000/- to Sanjay Kumar, the husband of the victim, Rs. 2,00,000/- in cash and Rs. 1,00,000/- through a cheque dated 20.02.2024, which was duly encashed on the same day. When repayment was demanded, a cheque of Rs. 3,00,000/- Versus Counsel for Applicant(s) : Naveen Kumar Pandey Counsel for Opposite Party(s) : G.A. Satish Kumar Kori .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) was issued in favour of the applicant, which was dishonoured. Thereafter, the complainant and her husband requested the applicant to accept their old Alto car valued at Rs. 50,000/- towards part payment, and for the remaining amount of Rs. 2,50,000/-, a notarized affidavit was executed by the husband of the complainant in the presence of witnesses. The said affidavit is part of the record annexed with the bail application. It is further submitted that the FIR has been lodged with a mala fide intention only to usurp the money of the applicant and his father. In the medico-legal examination of the complainant, no injury has been found. The story cooked by the victim in her statement under Section 183 BNSS, alleging two separate incidents on the same day, is highly improbable and not corroborated by any supporting evidence. The applicant has no criminal history. The charge-sheet has already been filed, and one co-accused, Nathu Chaudhary, has been granted bail by the learned trial court. Learned A.G.A. has opposed the bail prayer but has not been able to dispute the facts mentioned above. I have considered the submissions advanced by learned counsel for the parties and perused the record. On due consideration of the submissions made, the statements of the victim under Sections 180 and 183 BNSS, the fact that the applicant has no criminal history, the victim is a major, the applicant is in custody since 08.07.2025, the absence of corroborative material in the prosecution case, and keeping in view that the charge-sheet has already been filed, without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Satish Kumar Kori be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: BAIL No. 8628 of 2025 2 (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 IPC (now Section 269 BNS). (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 of the IPC (now Section 209 BNS). September 10, 2025 Madhu D.R/P.S BAIL No. 8628 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench