HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11653 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. The present bail application has been filed by accused-applicants seeking bail in Case Crime No.115 of 2025, under Sections 303(2), 317(2), 317(4), 3(5) of BNS and Sections 66-C, 66-D of the I.T. Act, P.S. Baba Bazar, District Ayodhya. In the prosecution case it is alleged that mobile of the complainant has been stolen on 23.06.2025 and by using password Rs.58,000/- was fraudulently transferred from the complainant's bank account through online mode. Learned counsel for applicants submits that the police arrested five persons, including the applicant in connection with the F.I.R No. 324 of 2025 lodged in Police Station Kotwali Nagar, District Ayodhya on 29.06.2025 under Sections 310(4), 310(5) B.N.S and 3/25 of Arms Act, stated that on the basis of information received from a mukhbir that the accused persons were planning to commit dacoity in a house. They were apprehended. He further submits that from the applicant no.1 two mobiles and Rs.700 cash and from the applicant no.2, one mobile and Rs.800 cash is alleged to have been recovered. Simultaneously, recoveries were made from the Versus Counsel for Applicant(s) : Pravin Singh Counsel for Opposite Party(s) : G.A. Yash Kumar Maholi And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Lko. .....Opposite Party(s) other arrested persons and the accused persons confessed their involvement in commission of the present offence. He submits that the applicants are in jail since 29.06.2025. The applicants have explained his criminal history in paragraph 19 of the bail application. It is further submitted that co-accused Rahul Mandal has already been granted bail by this Court vide order dated 25.09.2025 passed in Bail Application No. 9157 of 2025. Another co-accused, Dharmendra Bharti, has also been granted bail. Copies of both bail orders have been annexed collectively as Annexure-4 to the present bail application. The applicant, therefore, seeks parity with the bail order of co-accused Rahul Mandal. Learned A.G.A. has opposed the bail prayer of the applicants. On due consideration to bail order of co-accused Rahul Mandal as also the fact that the applicants are languishing in jail since 29.06.2025, except the confessional statement of the accused persons and the recovery prima facie there appears to be no material has been found against the applicant, there is no independent witness to the incident and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed on the ground of parity. Let the applicants Yash Kumar Maholi and Virendra Mahto be released on bail in the aforesaid case crime number, subject to their furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned, with the following conditions: (i) The applicants shall not tamper with the evidence during the trial. (ii) The applicants shall not pressurize or intimidate the prosecution witnesses. BAIL No. 11653 of 2025 2 (iii) The applicants 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 such person from disclosing the facts to the Court or to any police officer, or otherwise tamper with the evidence. (iv) The applicants shall file an undertaking to the effect that they 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 to the trial court to treat such default as an abuse of the liberty of bail and pass appropriate orders in accordance with law. (v) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code (now Section 269 of the BNS). (vi) In case the applicants misuse the liberty of bail during trial and, in order to secure their presence, proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued, and the applicants fail to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code (now Section 209 BNS). November 25, 2025 Madhu D.R/P.S BAIL No. 11653 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench