Neutral Citation No. - 2025:AHC-LKO:13590 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13234 of 2024 Applicant :- Anwaruddin @ Raju Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Anoop Srivastava,Rishabh Chauhan,Varun Singh,Vinay Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Rejoinder Affidavit filed today on behalf of the applicant is taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 274 of 2024, under sections 316(2), 318(4), 352 and 111 of the Bhartiya Nyaya Sanhita, 2023 and sections 3/5/21/23 of the BUDS Act,2019, Police Station-Bangarmau, District -Unnao. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He added that the role attributed to the applicant is that he has allured the informant to deposit some amount in the account of the co- accused, namely,Arbaz and it is not the case of the prosecution that any amount has ever been given by the informant or any victim to the present applicant either in case or in his account. He submits that the applicant is no way beneficiary and as such, the ingredients of the offences under sections 316(2), 318(4),352 & 111 of the Bhartiya Nyaya Sanhita, 2023, do not attract in the present matter. He next submits that the chargehseet has been filed and as such, there is no possibility that the applicant would tamper the evidences or would threaten the witnesses. He also submits that the role of the present applicant is distinguishable from the role of co-accused, Arbaz, in whose account, the alleged misappropriated amount is deposited and added that the applicant is a law abiding citizen and he is languishing in jail since 02-09-2024 and he undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submits that there are serious allegations against the applicant and as such, he is not entitled for any relief. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is languishing in jail since 02-09-2024;the applicant is no way beneficiary; the chargehseet has been filed and as such, there is no possibility that the applicant would tamper the evidences or would threaten the witnesses; no amount has ever been incredited in the account of the applicant and the role of the present applicant is distinguishable from the role of co-accused, Arbaz, in whose account, the alleged misappropriated amount is deposited coupled with the fact that the applicant has undertaken that if he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicant-Anwaruddin @ Raju involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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. He 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 Indian Penal Code; (3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and (4) 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. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 5.3.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench