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2025 DAILYLAW 182605 (ALL)

SANTOSH MANDAL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/9047/2025 · 2025-10-29

Karunesh Singh Pawar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9047 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant as well as the learned A.G.A. for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 115 of 2025, under Sections 303(2), 317(2), 317(4), 3(5) B.N.S and Section 66-C, 66-D of Information Technology Act, registered at Police Station Baba Baza, District Ayodhya. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 27.06.2025 stating that Rs.58,000/- were fraudulently transferred from the informant's bank account through online mode. 4. 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. From the possession of the applicant, Rs.1,25,000/- cash and Real Me Mobile have been recovered. Simultaneously, recoveries were made from the other arrested persons and the accused persons confessed their involvement in commission of the present offence. Versus Counsel for Applicant(s) : Shyamendra Singh, Anoop Kumar, Shiv Om, Tej Singh Counsel for Opposite Party(s) : G.A. Santosh Mandal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person and he has been falsely implicated in the present case. The co-accused Dharmendra Bharti alias Arjun has been granted bail vide order passed in Bail No.8281 of 2025. 6. The learned A.G.A. has opposed the bail application and he has submitted that the allegations have been established during investigation and a charge- sheet has been submitted on 16.08.2025. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has been implicated in the present case solely on the basis of custodial confessional statement of accused persons and that the applicant is languishing in jail since 28.06.2025 whereas the investigation already stands concluded, the co-accused, named above, has been granted bail, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail. 8. Accordingly, this bail application stands allowed. 9. Let the applicant Santosh Mandal, be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: - (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. October 29, 2025 kkb/ BAIL No. 9047 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench