HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10570 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State as well as Shri R.D. Shahi, learned Advocate who has filed counter affidavit along with vakalatnama on behalf of the complainant which is taken on record. The instant application has been filed by the applicant seeking bail in F.I.R. bearing Case Crime No.145 of 2025, under Sections 318(4), 338, 340(2), 351(2), 336(3) B.N.S., registered at Police Station Jankipuram, District Lucknow. The present case was registered pursuant to an F.I.R. lodged on 26.06.2025 against three persons, including the applicant. It was alleged therein that the complainant was engaged in the business of property dealing in partnership with co-accused Beenam Mishra. It is further alleged that Beenam Mishra sold properties beyond her share and transferred an amount of Rs. 20,00,000/- to the bank account of M/s A.V.P. Enterprises, a firm in which the applicant and his wife, co-accused Vipin Singh, are partners. Learned counsel for the applicant submits that the complainant and co- accused Beenam Mishra are closely related. They are jointly engaged in the business of property dealing and are partners in Nageshwar Nath Real Estate Private Limited, an old and established firm. It is contended that the applicant has been falsely implicated only because the aforesaid sum of Rs. 20,00,000/- was transferred to the account of a firm in which he is a partner. Versus Counsel for Applicant(s) : Sushil Kumar Singh, Ayush Singh, Janardan Singh Counsel for Opposite Party(s) : G.A., Ripu Daman Shahi, Upendra Kumar Singh Vipin Singh .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. .....Opposite Party(s) There are no specific allegations against the applicant either in the F.I.R. or in the prosecution material. The applicant has also duly explained the criminal history of two cases in paragraph 14 of the bail application. It is further submitted that there is no possibility of the applicant of fleeing 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 A.G.A. as well as Shri R.D. Shahi, learned counsel for the complainant, have opposed the bail prayer. They submit that no satisfactory explanation has been furnished by the applicant regarding the circumstances under which the said amount was credited to his firm’s account. However, it is not disputed that the complainant has not instituted any civil proceedings for recovery of the said amount. On due consideration to the facts that the dispute appears to be civil in nature; co-accused Pooja Singh has already been granted bail vide order dated 26.09.2025 passed in Criminal Misc. Anticipatory Bail Application under Section 482 BNSS No. 1409 of 2025; the offences are triable by a Magistrate; the charge sheet has been filed and the applicant is in custody since 23.08.2025, this Court finds it a fit case for granting bail. Accordingly, the bail application is allowed. Let the applicant involved in the aforementioned case, 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 BAIL No. 10570 of 2025 2 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. (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 31, 2025 R.C. BAIL No. 10570 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench