HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 2168 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. 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. 93 of 2022, under sections 420, 467, 468, 471, 120-B I.P.C, P.S.- Qaisar Bagh, District -Lucknow. 3. In the prosecution case, the allegation against the applicant is that he was one of the partners of M/s Threads and Handicrafts and the applicant and the co-accused both had taken a loan of Rs. 30 lakhs from Bank of Baroda. In that loan, they stood as guarantors and for security of loan, a house bearing No. 12B/304, measuring about 143.41 sq.mts, situated at 12B, Vrindavan Yojna-3, Lucknow was mortgaged. The said house was owned by the co- accused Anil Kumar. It is further alleged that after the business of the applicant and the co-accused was seized, they stopped the payment of installments without any intimation to the bank. 4. The contention of learned counsel for the applicant is that the co-accused Shri Anil Kumar, who hypothecated the the house No. 12B/304, has been granted bail in Criminal Misc. Bail Application No. 8179 of 2025, vide order dated 09.09.2025. The case of the applicant is on a better footing that that of the co-accused as the applicant had neither hypothecated nor mortgaged his house. The only allegation against the applicant is that he wass a partner of Versus Counsel for Applicant(s) : R.N. Shukla, Abhishek Misra, Kuldeep Dubey, Satendra Kumar (Singh) Counsel for Opposite Party(s) : G.A. Sudhanshu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) M/s Threads and Handicrafts. The applicant seeks parity with the bail order of the said co-accused. 5. Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 6. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant has no previous criminal history and he is languishing in jail since 16.01.2025; as also the fact that the co-accused Shri Anil Kumar has been granted bail coupled with the fact that the applicant has undertaken that in case, he is granted bail, he will not misuse the liberty of same and would cooperate in the trial proceedings; without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail on the ground of parity. 7. Accordingly, the bail application is allowed on the ground of parity. 8. Let the applicant- Sudhanshu, involved in Case Crime No. 93 of 2022, under sections 420, 467, 468, 471, 120-B I.P.C, P.S.- Qaisar Bagh, District - Lucknow, 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, BAIL No. 2168 of 2025 2 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 84 B.N.S.S. 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 209 of B.N.S. November 6, 2025 DiVYa BAIL No. 2168 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench