HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8678 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Supplementary Affidavit filed by learned counsel for the applicant is taken on record. 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.0557 of 2025 under Section 318(4), 308 (5), 351(3), 352, 310(2), 126(2) and Section 111(2) of BNS Act, 2023, Police Station Poorakalandar, District Ayodhya. Learned counsel for the applicant submits that that lodging of the FIR under Section 111(2) BNS is not sustainable in law, as the basic requirement of the said provision is that more than one charge sheet must have been filed against the accused. In the present case, no earlier charge sheet has ever been filed against the applicant under Section 111 BNS. Learned counsel for the applicant further submits that from the same recovery two other cases have been slapped on the applicant, which have been explained in the supplementary affidavit filed today. No test identification parade has been conducted. The applicant has been falsely implicated. The alleged recovery of Rs.40,000/- is also false, as there is no independent witness to support the said recovery. The applicant is in jail since 06.08.2025. Versus Counsel for Applicant(s) : Vaibhav Srivastava Counsel for Opposite Party(s) : G.A. Amresh Goswami .....Applicant(s) The State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) It is further submitted that co-accused Neetu Singh has already been granted bail by this Court vide order dated 01.09.2025 in Criminal Misc. Bail Application No. 8226 of 2025. He seeks parity with the bail order of the said co-accused. Learned A.G.A. has opposed the prayer for bail of the applicant; however, he has fairly conceded that there is no earlier charge sheet filed against the applicant. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the facts that the applicant has explained the criminal history of two cases in the supplementary affidavit; as per the record no earlier charge sheet has been filed against him; prima facie the offence under Section 111(2) BNS is not made out; the applicant is in jail since 06.08.2025; he seeks parity with the bail order of co-accused Neetu Singh who has been granted bail by this Court and 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, Amresh Goswami, be released on bail in the 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 concerned, with the following conditions: (i) The applicant shall not tamper with the evidence during the trial. (ii) The applicant shall not pressurize or intimidate any 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 such person from disclosing the 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 BAIL No. 8678 of 2025 2 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 an abuse of liberty of bail and pass appropriate 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 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 IPC (now Section 209 BNS). September 11, 2025 Madhu D.R/P.S BAIL No. 8678 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench