HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9775 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. 0334 of 2025, under Sections- 303(2), 317(2), 317(4), 318(2) B.N.S. and Section 66-C, 66-D IT Act, Police Station-Kotwali Ayodhya, District- Ayodhya. 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 on the basis of single arrest, the applicant has been roped in seven cases. 5. It is further stated that the recovery memo, of which there is no public independent witness, would indicate that from the possession of the applicant, the prosecution has shown a recovery of two mobile phones and Rs. 1 Lakh and 22 Thousands and total persons arrested, shown in the recovery memo, are five in number, which includes the applicant. 6. It is also stated that the recovery memo is not in consonance with the procedure prescribed under Section 103 B.N.S.S. 7. It is further submitted that in one case i.e. Criminal Misc. Case No. 115 of 2025, under Sections- 303(2), 317(2), 317(4), 3(5) B.N.S. and Sections 66-C, 67-D IT Act, Police Station- Baba Bazar, District- Ayodhya, the applicant has already been enlarged on bail by this Court vide order dated 25.09.2025 passed in Criminal Misc. Bail Application No. 9157 of 2025. 8. It is further stated that co-accused of Case Crime No. 115/2025 namely Dharmendra Bharti @ Arjun has also been enlarged on bail by this Court vide order dated 04.09.2025 passed in Criminal Misc. Bail Application No. 8281 of 2025. 9. It is also stated that except the aforesaid case(s) based upon single arrest, the applicant has no criminal history. 10. It is submitted that considering aforesaid, the applicant, who is in jail since 28.06.2025, 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. In these circumstances of the case, the applicant is entitled to be released on bail. Versus Counsel for Applicant(s) : Shyamendra Singh, Rakesh Kumar Yadav, Shiv Om, Tej Singh Counsel for Opposite Party(s) : G.A. Rahul Mandal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. .....Opposite Party(s) 11. Learned A.G.A. opposed the prayer of the applicant. However, she could not dispute the above contentions made by the applicant's counsel including that co- accused has been released on bail. 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 co-accused has already been released on bail by the court concerned as well as the role attributed to the applicant 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- Rahul Mandal 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 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 10, 2025 Arun/- BAIL No. 9775 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench