HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10293 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and learned counsel for the complainant. Learned counsel for the applicant submits that, as per the allegations in the First Information Report, co-accused Prince @ Azam Khan was running the Amethi Institute of Paramedical Sciences, whereas co-accused Vivek Srivastava is alleged to have received fees from students. The only allegation against the present applicant and the remaining co-accused persons is that they had taken the complainant to the said college for the purpose of examination. It is submitted that no allegation has been made against the applicant regarding acceptance of any fee or involvement in the issuance of certificates of ANM, as the institute was being managed by some other person. Learned counsel further submits that the applicant has duly explained his criminal antecedents relating to four cases in paragraph 16 of the bail application. The applicant is languishing in jail since 15.09.2025. It has also been submitted that co-accused Saiyyad Mohd. Haidar Rizvi @ Alishan and another have been granted interim protection by a Division Bench of this Court vide order dated 09.10.2025 passed in Writ Petition No. 9278 of 2025. 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 Versus Counsel for Applicant(s) : Anil Kumar, Manoj Kumar Dwivedi, Vikrant Dwivedi Counsel for Opposite Party(s) : G.A., Sushil Kumar Yadav Ayush Tiwari @ Ayush Kumar Tiwari .....Applicant(s) State Of U.P. Thru. Prin. Secy. /A.C.S. Home U.P. Lko. .....Opposite Party(s) the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for bail; however, they could not dispute the fact that the role attributed to the applicant is confined to accompanying the students to the college for appearing in the examination. Learned A.G.A. further submits that the charge sheet has not yet been filed. Considering the nature of the role assigned to the applicant, the interim order passed by the Division Bench of this Court, the fact that the offences alleged are triable by a Magistrate, coupled with the circumstance that the applicant is languishing in jail since 15.09.2025, this Court finds it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Ayush Tiwari @ Ayush Kumar Tiwari, involved in FIR/Case Crime No.247/2025, U/s- 316(2), 319(2), 318(4), 338, 351(3) B.N.S. US 406, 419, 420, 467,506 IPC, Police Station- Amethi, District- Amethi, 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. BAIL No. 10293 of 2025 2 (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. November 10, 2025 R.C. BAIL No. 10293 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench