HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 4841 of 2023 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that on previous several occasions, money of the informant and ornaments went missing from her place. It is further alleged that for that, separate first information report was registered by her. In the investigation, it was disclosed that in similar matter, another incident dated 23.9.2022 had occurred, in which Shivam Pandit, the Katha narrator, used to take money and jewellery from his sister Kumudini for the last one year by blackmailing her and extending threat to kill her brother and family members. The things missing between 31.1.2022 to 23.9.2022 have been taken by Shivam Pandit by blackmailing and showing fear of death. 3.Learned counsel for the applicant submits that the offence is triable by Magistrate. On identical allegation, the applicant has been granted bail in crime No.245 of 2022 under sections 406, 420, 506, 411 I.P.c., P.S. Gomti Nagar Vistar, district Lucknow. This first information report is on similar set of allegations. The applicant has already incarcerated enough. The co-accused Shubham Singh and Satyam Tripathi have been granted Versus Counsel for Applicant(s) : Arun Kumar Shukla, Anand Kumar Pandey, Angad Prasad Shukla, Anurag.S.Kaalesh, Bharat Bhushan Singh, Dr. Deepti Singh, Ram Chandra Dwivedi, S M Singh Royekwar, Sandeep Kumar Singh, Vaibhav Saxena Counsel for Opposite Party(s) : G.A., Surya Prakash Singh Shivam Tripathi @ Shivam Pandit @ Monu .....Applicant(s) State of U.P. .....Opposite Party(s) bail vide orders passed in Bail Nos.7489 of 2024 and 13085 of 2024 respectively. The applicant claims parity. The applicant is in jail since 8.10.2022. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 4.Learned A.G.A. and complainant's counsel opposed the prayer for bail. Learned A.G.A. does not dispute that it is a case of parity. However, the complainant's counsel has disputed the fact that the applicant is in jail since 8.10.2022. 5.I have considered the submission and perused the record. A perusal of the record as also report of Superintendent, District Jail, Lucknow shows that the applicant Shivam Tripathi is in jail since 7.10.2022. Thus, considering the report of the Superintendent, District Jail, Lucknow which is on record, the fact that the applicant is in jail for more than three years, the offence is triable by Magistrate, the co- accused, named above, have been granted bail, on same set of circumstances, already in another first information report, referred to above, the applicant has been granted bail, arguments advanced by learned counsel for the parties, and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail. 6.Let the applicant Shivam Tripathi alias Shivam Pandit alias Monu, involved in Case Crime No.0337 of 2022 under sections 386, 420, 120-B, 411, 34 I.P.C., P.S. Chapiya, district Gonda, 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. BAIL No. 4841 of 2023 2 (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 under Section 229-A I.P.C. (now 269 BNS) (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 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 I.P.C. (now 209 BNS). 7.The application is allowed accordingly. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merit of the trial. November 6, 2025 kkb/ BAIL No. 4841 of 2023 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench