HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10470 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated on the basis of an alleged false recovery of Rs. 1,25,000/- and a mobile phone from his personal search. It is submitted that there is no public witness to support the alleged recovery. The prosecution alleges that money was withdrawn several times from the complainant’s account using his mobile SIM; however, such a story appears highly improbable since, in ordinary circumstances, once a mobile phone is stolen, the associated accounts are usually blocked. Prima facie, it appears that no scientific investigation has been carried out by the investigating officer, nor any effort made to obtain the complainant’s bank statement to verify whether any withdrawal actually took place. It is further submitted that the co-accused, Rahul Mandal, has already been granted bail by order dated 10.10.2025 passed in Criminal Misc. Bail Application No. 9737 of 2025, and the applicant claims parity with the said co-accused. The applicant has satisfactorily explained his criminal history of three cases in paragraphs 17 to 19 of the bail application and has been in judicial custody since 28.06.2025. It is further submitted that there is no possibility of the applicant of fleeing Versus Counsel for Applicant(s) : Shyamendra Singh, Shiv Om, Tej Singh Counsel for Opposite Party(s) : G.A. Santosh Mandal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned AGA has opposed the bail application. Having considered the relevant facts, including the grant of bail to the co- accused Rahul Mandal, the applicant’s satisfactory explanation regarding his criminal history, the absence of public witnesses to the alleged recovery, and the fact that the applicant has been in custody since 28.06.2025, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Santosh Mandal involved in Case Crime No. 346 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, 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 which are being imposed in the interest of justice:- (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 in accordance with law. BAIL No. 10470 of 2025 2 (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 of BNS). It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. October 29, 2025 R.C. BAIL No. 10470 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench