HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10374 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.115 of 2025, under Sections 303(2), 317(2), 317(4), 3(5) of BNS and Sections 66-C, 66-D of the I.T. Act, P.S. Baba Bazar, District Ayodhya. 3. In the prosecution case it is alleged that mobile of the complainant has been stolen on 23.06.2025 and by using password Rs.58,000/- has been fraudulently transferred from the complainant's bank account through online mode. 4. Learned counsel for applicant submits that the name of the accused applicant has surfaced in the confessional statement of the co-accused Dharmendra in F.I.R No. 324 of 2025 lodged in Police Station Kotwali Nagar, District Ayodhya on 29.06.2025. On the basis of that statement, the applicant has been made accused in the present case crime No.115 of 2025 (supra). There is no recovery from the accused applicant in the first information report No.115 (supra). The applicant has been falsely implicated. 5. Learned counsel for applicant submits that applicant is innocent. Apart Versus Counsel for Applicant(s) : Pravin Singh Counsel for Opposite Party(s) : G.A. Commando Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) from these two cases, the applicant has no other criminal antecedent. He submits that the applicant is in jail since 29.06.2025. 6.The co-accused Rahul Mandal has been granted bail vide order dated 25.9.2025 passed in Bail No.9157 of 2025. 7. Learned A.G.A. has opposed the bail prayer but does not dispute the fact that the co-accused has been granted bail. 8. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 29.06.2025, the co-accused, named above, has been granted bail, charge sheet has been filed, the offences are triable by Magistrate, and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. 9. Accordingly, the bail application is allowed, on parity. 10. Let the applicant Commando Kumar, be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (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. (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 of the Indian Panel Code (now Section 269 of 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 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 BAIL No. 10374 of 2025 2 proceedings against him, in accordance with law, under Section 174-A of the Indian Panel Code (now Section 209 BNS). November 10, 2025 kkb/ BAIL No. 10374 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench