HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10325 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. Learned counsel for the applicant submits that the applicants are innocent and has been falsely implicated on the basis of an alleged false recovery of Rs. 1,00,000/- and two mobile phones from Bunty Mandal and Rs. 1,00,000/- from Chotu Mahto and 1 mobile phone of Redmi and one mobile phone of Samsung from their personal search. It is submitted that there is no public witness to support the alleged recovery. The prosecution alleges that money was withdrawn several times from the complainant's account using his mobile SIM; however, such a story appears highly improbable since, in ordinary circumstances, once a mobile phone is stolen, the associated accounts are usually blocked. Prima facie, it appears that no scientific investigation has been carried out by the investigating officer, nor any effort made to obtain the complainant's bank statement to verify whether any withdrawal actually took place. It is further submitted that the applicant has satisfactorily explained his criminal history of seven cases in paragraphs 8 of the bail application and has been in judicial custody since 28.06.2025. Learned counsel for the applicant submits that the co-accused Santosh Mandal who was assigned the similar role has been enlarged on bail by this Court vide order dated 29.10.2025 passed in criminal misc. bail application Versus Counsel for Applicant(s) : Pravin Singh Counsel for Opposite Party(s) : G.A. Bunty Mandal And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) No. 10472 of 2025. Learned counsel for the applicant seeks parity with the order of the co-accused. 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 the applicant is enlarged on bail, they shall not misuse the liberty of bail. Learned AGA has opposed the bail application. Having considered the relevant facts, including the bail order of co-accused Santosh Mandal, applicant's satisfactory explanation regarding their criminal history, the absence of public witnesses to the alleged recovery, and the fact that the applicant is in custody since 28.06.2025, I find it to be a fit case for enlarging the applicant on bail on the ground of parity. Accordingly, the bail application is allowed on the ground of parity. Let the applicant Bunty Mandal and Chhotu Mahto, involved in Case Crime No. 329 of 2025, under Sections- 303(2), 317(2), 317(4), 318(2) B.N.S. and Section 66-C, 66-D IT Act, Police Station-Kotwali Ayodhya, District-Ayodhya, be released on bail on their 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 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 for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. BAIL No. 10325 of 2025 2 (v) The applicant 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 in accordance with law. (vi) In case, the applicant misuses 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 applicant fails 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 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 6, 2025 R.C. BAIL No. 10325 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench