HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11892 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The present application has been filed seeking bail in Case Crime No. 209 of 2025, under Sections 318(4), 338, 336(3), 340(2) and 61(2) of Bharatiya Nyaya Sanhita, 20923 and Section 66(D) Information Technology (Amendment) Act, Police Station Sarojini Nagar, District Lucknow. 3. Learned counsel for the applicant submits that co-accused from whom recovery has been made, have been granted bail by this Court vide orders dated 01.09.2025, 29.08.2025, 29.08.2025 and 19.08.2025 passed in Criminal Misc. Bail Application Nos.8105 of 2025, 8146 of 2025, 8147 of 2025 and 7717 of 2025 respectively. He further submits that no recovery has been made from the applicant and the case of the applicant is on better footing than the co-accused. Applicant is in jail since 17.06.2025. 4. Learned AGA has opposed the prayer for bail, but could not dispute the aforesaid submissions of learned counsel for the applicant. 5. Considering the over all facts and circumstances of the case, the fact that co-accused from whose possession recovery has been made, have been granted bail by this Court and the cs of the applicant is on better Versus Counsel for Applicant(s) : Umesh Singh, Ajay Kumar Singh Counsel for Opposite Party(s) : G.A. Santosh Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy./ Addl. Chief Secy. Home Lko .....Opposite Party(s) footing than co-accused, the applicant is entitled to be released on bail. 6. Let the applicant, Santosh Kumar be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :- (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. (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). December 1, 2025 Rao/- BAIL No. 11892 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench