HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8780 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicants and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in FIR No./Case Crime No.35 of 2025 under Section 316(2), 317(2), 318(4), 309(4), 309 (6) BNS, Police Station Khargupur, District Gonda. In the prosecution case it is alleged that the complainant’s brother-in-law, Devendra Kumar Mishra, had a close friendship with the co-accused Sanjay Kumar Mishra, who proposed a property investment. On 06.09.2024, Devendra Kumar Mishra sold his Bolero car for Rs.3,70,000/- and called Sanjay Mishra to discuss the investment. Sanjay Mishra took him to Aryanagar, where a group of unknown persons, including Sanjay Mishra, demanded the money. When Devendra Kumar Mishra asked for agreement papers, an argument ensued, and a person dressed in police-like clothing drove the car away with their mobile phones. Both returned on foot. Despite repeated requests, Sanjay Mishra and the others have refused to return the money. It is thus submitted that Sanjay Mishra, in connivance with the others, cheated Devendra Kumar Mishra and fraudulently took away his money. Learned counsel for the applicant submits that except for one other case explained in paragraph 3 of the supplementary affidavit, the applicant has no criminal antecedents. It is a case of false implication. There is no Versus Counsel for Applicant(s) : Vinay Kumar Tiwari Counsel for Opposite Party(s) : G.A. Virendra Kumar Sharma And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. .....Opposite Party(s) independent witness to the alleged incident, nor is there any public witness to the purported recovery of Rs. 20,000/- and Rs. 15,000/- from Applicants Nos. 1 and 2. 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. Learned A.G.A. has opposed the bail prayer of the applicants and submitted that investigation is pending. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the facts that the offence is triable by a Magistrate, that the applicant has explained his criminal history in one case as well as the mode and manner in which the recovery has been effected, and coupled with the fact that the applicant has been in custody since 26.07.2025, and without expressing any opinion on the merits of the case, I find this to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicants, Virendra Kumar Sharma and Rahul Sharma, be released on bail in the aforesaid First Information Report number, subject to their furnishing personal bonds and two reliable sureties each in the like amount to the satisfaction of the court below concerned, with the following conditions: (i) The applicants shall not tamper with the evidence during the trial. (ii) The applicants shall not pressurize or intimidate the prosecution witnesses. (iii) The applicants 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 them from disclosing such facts to the Court or to any police officer, or tamper with the evidence. BAIL No. 8780 of 2025 2 (iv) The applicants 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 the liberty of bail and pass orders in accordance with law. (v) The applicants 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 under Section 229-A of the IPC (now Section 269 BNS). (vi) In case the applicants misuse the liberty of bail during trial, and in order to secure their presence a proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued, and they fail 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 of the IPC (now Section 209 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. October 8, 2025 Madhu D.R/P.S BAIL No. 8780 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench