HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9354 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A for the State. 2. In the prosecution case, it is alleged that the complainant had agreed to sell his immovable property in favour of one Brijesh Tiwari, but the accused Sushil Singh, who was the Block Pramukh, intervened in the said deal by extending threats to the complainant to dispose of the property at a lesser price, because he wanted that property to be sold to one of his men, which was refused by the complainant and his father. On 18.07.2025, in the noon, at around 1 O'Clock, the named accused persons went to the house of the informant/complainant and started hurling abuses, and pressurized them to sell that property to his men and threatened the complainant that if he sells the property to Brijesh Tiwari, he will have to pay Rs. 10 lakhs as Gunda Tax, and if he does not pay the same, his entire family will be killed. 3. Learned counsel for the applicant submits that it is a case of no injury. The complainant, while giving his statement under Section 180 B.N.S.S has made improvements and for the first time, the allegation of beating has been levelled. The alleged injured have not received any injury whatsoever, and there is no medico-legal examination of anyone. The father of the complainant, while giving his statement under Section 180 B.N.S.S has further improved the prosecution story. It is a case of false implication and no offence under Section 308(5) B.N.S is made out and there is no delivery of property/money and ingredients to attract the offence under Section 308(5) are also missing. Versus Counsel for Applicant(s) : Sheo Prakash Singh, Bal Keshwar Srivastava Counsel for Opposite Party(s) : G.A., Dev Mani Mishra Sushil Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Crime And Investigation Deptt. Lko. .....Opposite Party(s) 4. It is further submitted that the applicant has explained criminal history in paragraph-18 and 19 of the bail application.There is no possibility of the applicant fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 5. Learned A.G.A as well as learned counsel for the complainant have opposed the prayer for bail but they could not dispute the fact that no one is injured in the present case. 6. Considering the arguments advance by learned counsel for the parties; prima facie, no one appears to be injured in this case; the ingredients to attract offence under Section 308(5) B.N.S appears to be missing; the fact that chargesheet has been filed; the fact that the applicant is in jail since 26.07.2025, this Court finds it to be a fit case for granting bail to the applicant. 7. Accordingly, the bail application is allowed. 8. Let the applicant Sushil Singh involved in Case Crime/FIR No. 222 of 2025, Under Sections- 3(5), 352, 351(3), 308(5) B.N.S., Police Station- Patti, District- Pratapgarh 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. (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 in accordance with law. BAIL No. 9354 of 2025 2 (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 proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS). 9. 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 14, 2025 DiVYa BAIL No. 9354 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench