HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9470 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present application has been filed on behalf of the applicant seeking bail in Case Crime No. 0581 of 2023, under Sections- 420, 467, 468, 471, 120-B, 34, 201 I.P.C. and Section- 66 IT Act, Police Station- PGI, District-Lucknow. 3. While pressing the instant application, learned counsel for the applicant stated that the applicant is innocent and he has falsely been implicated in the present case. 4. It is further stated that the FIR in issue i.e. FIR No. 0581 lodged by the opposite party No. 2/Sandeep Kumar Singh on 17.09.2023 against Rishi Bharadwaj making allegations therein so as to attract the offence as indicated under Section 66(D) IT Act, 2000 at Police Station- PGI, District- Lucknow East (Commissionerate Lucknow). 5. It is stated that as per the aforesaid FIR, the accused named in the FIR namely Rishi Bharadwaj has duped the informant/opposite party No. 2 and others including Subedar Sri Vikram Tyagi and Subedar Major Ompal Singh. The amount in issue as per the FIR is Rs. 9,81,000/-. The applicant was not named in the FIR nor any allegation has been levelled against him. 6. Further submission is that during investigation, the Investigating Officer (in short "IO") recorded the statement of informant and also Subedar Sri Vikram Tyagi and Subedar Major Sri Ompal Singh and a perusal of statement of these persons, typed copies of which are annexed as Annexures Nos. 6 and 5 to this application, would indicate that these persons have also levelled the allegations against accused/Rishi Bharadwaj. A perusal of these statement(s) would indicate that Rs. 20 Versus Counsel for Applicant(s) : Shamshad Ahmad, Faraz Ahmad, Mohammad Shahzad Ahmad, Mohammad Taif Counsel for Opposite Party(s) : G.A. Anand Kumar .....Applicant(s) The State Of U.P. Thru. Prin. Secy. Home And Another .....Opposite Party(s) Lakhs were to provided by Ompal Singh to accused/Rishi Bharadwaj and Rs. 14.20 Lakhs were provided by Vikram Tyagi to the accused Rishi Bharadwaj. 7. It is further stated that the fact that the applicant has not commited any crime can also be inferred/deduced from the FIR No. 0363 lodged by Sri Ompal Singh at Police Station- Kant, District- Bareilly on 01.10.2023, wherein, allegations have been levelled against Subedar Sandeep Kumar Singh, Rishi Bharadwaj and Harsh Kumar Goel. 8. It is further stated that considering the facts and circumstances of the case, this Court had protected the interest of the applicant vide order dated 26.02.2024 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 376 of 2024, however, prior to the same, the applicant was apprehended and sent to jail and he is languishing in jail since 27.02.2024. 9. It is also stated that criminal history of the applicant has been explained in paragraph 25 of the instant application, which has not been opposed by learned AGA based upon instructions available with him. 10. It is submitted that considering aforesaid including the period of incarceration, the applicant is entitled to be released on bail. In case of being enlarged on bail, he will not misuse the liberty of bail and will cooperate in trial and would also not influence the prosecution witnesses. 11. Learned A.G.A. opposed the prayer of the applicant, however, he could not dispute the above contentions made by the applicant's counsel. 12. Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of the application, F.I.R., as well as other relevant documents and also taking note of the fact that the applicant was not named in FIR as well as that there is no allegation against the applicant in the FIR and without going into the merits of the case, this Court is of the view that the application has substance and it is accordingly, allowed. 13. Let the applicant- Anand Kumar be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs. 25,000/- and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions :- (i) The applicant will cooperate with the prosecution during trial. (ii) The applicant will not tamper with the evidence during trial. (iii) The applicant will not pressurize/intimidate the prosecution witness(es). (iv) The applicant shall not commit an offence. (v) 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 BAIL No. 9470 of 2025 2 officer or tamper with the evidence. (vi) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The applicant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The applicant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C. 14. In case of default of above conditions it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. 15. As this order relates to enlargement of the applicant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation made in this order. October 9, 2025 Arun/- BAIL No. 9470 of 2025 3 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench