Neutral Citation No. - 2025:AHC:63592 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6162 of 2025 Applicant :- Rahul Tiwari Opposite Party :- State of U.P. Counsel for Applicant :- Vijit Saxena Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Vijit Saxena, learned counsel for the applicant and Sri Ajay Singh, learned AGA-I for the State and perused the material on records. 3. This bail application under Section 483 of B.N.S.S. 2023 has been filed by the applicant - Rahul Tiwari, seeking enlargement on bail during trial in connection with Case Crime No. 231 of 2024, under Sections 111, 318, 61(2) B.N.S. and Section 3/21 of Banning of Unregulated Deposit Scheme Act, 2019, Police Station Jakhlaun, District Lalitpur. 4. While placing paragraph no. 15 of the affidavit, it is submitted that the applicant is the brother of Ravi Shankar Tiwari and Vinod Kumar Tiwari who were agents of the Company LUCC and as such he has been made an accused. It is submitted that co-accused persons have already been granted bail by this Court as well as Co- ordinate Bench of this Court. The details of which are as follows :- (i) Dwarika Prasad Jha granted bail vide order dated 05.04.2025 in Criminal Misc. Bail Application No. 6584 of 2025. (ii) Hardev Patel granted bail vide order dated 24.03.2025 in Criminal Misc. Bail Application No. 9718 of 2025. (iii) Alok Kumar Jain @ Alok Jain granted bail vide order dated 02.04.2025 in Criminal Misc. Bail Application No. 6260 of 2025. (iv) Surendra Pal Singh granted bail vide order dated 18.03.2025 in Criminal Misc. Bail Application No. 8949 of 2025. (v) Rajendra Kumar Gupta @ Raju Barsainya granted bail vide order dated 10.03.2025 in Criminal Misc. Bail Application No. 8241 of 2025. (vi) Neeraj Jain Alias Bunty Jain granted bail vide order dated 03.03.2025 in Criminal Misc. Bail Application No. 7237 of 2025. (vii) Satish Chandra Jain granted bail vide order dated 27.02.2025 in Criminal Misc. Bail Application No. 3204 of 2025. (viii) Mahesh Prasad Rajak granted bail vide order dated 05.02.2025 in Criminal Misc. Bail Application No. 2707 of 2025. (ix) Mukesh Kumar Jain granted bail vide order dated 03.04.2025 in Criminal Misc. Bail Application No. 10181 of 2025. 5. It is further submitted that criminal antecedents of the applicant have been disclosed in paragraphs 26(i to xi) and 27 (i to iii) of the affidavit. The applicant is in jail since 06.08.2024. 6. Per contra, learned counsel for the State opposed the prayer for bail but could not dispute the aforesaid facts. 7. After having heard learned counsels for the parties and perusing the record, it is evident that the applicant is the brother of Ravi Shankar Tiwari and Vinod Kumar Tiwari. The co-accused persons as mentioned above have been granted bail by this Court as well as Co-ordinate Benches of this Court. 8. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 9. Let the applicant - Rahul Tiwari be released on bail in the aforesaid case crime number on 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 prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuse the liberty of bail during trial and in order to secure his presence proclamation under section 84 B.N.S.S., 2023 may be issued and if 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 209 B.N.S., 2023. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 269 B.N.S., 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 10. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 11. The bail application is allowed. 12. Pending application (s), if any, shall stand disposed of. Order Date :- 25.4.2025 M. ARIF (Samit Gopal, J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad