HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11735 of 2024 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 It is alleged in the prosecution case that the applicant, by using a cloned cheque, had withdrawn Rs. 35 lakhs from the account of Jaleel Ahmad Khan and got it transferred into his account . 3. Learned counsel for the applicant submits that the complainant has levelled allegations against the bank employees as they got transferred Rs. 35 lakhs from their bank into the account of the applicant. However, it is submitted that Rs. 25 lakhs has been seized and Rs. 9,95,000/- Rs. has been transferred into the account of Universal Enterprises. 4. He further submits that the co-accused persons namely Surendra Singh, Asif, Umesh Kumar Yadav and Surendra Balram Dubey have been granted bail by a co-ordinate bench of this court in Criminal Misc Bail Application Nos. 991 of 2024, 2602 of 2024, 11807 of 2023 and 14261 of 2023 vide orders dated 30.01.2024, 06.03.2024, 01.11.2023, 24.01.2024 respectively. He seeks parity with the bail orders of the said co-accused persons. 5. It is further submitted that there is no possibility of the applicant of Versus Counsel for Applicant(s) : Ramakar Shukla, Amar Nath Dubey, Ankit Dubey Counsel for Opposite Party(s): G.A. Abhinav Gupta @ Arun Kumar @ Arun Bhardwaj @ Arun Agarwal @ Pankaj Kumar @ Prashant Das .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Govt. Civil Sectt. Lko .....Opposite Party(s) 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. 6. Learned A.G.A.has opposed the prayer for bail, but he could not dispute that it is a case of parity. 7. Considering the facts and circumstances of the case, the arguments advanced by learned counsel for the parties, the fact that co-accused persons namely Surendra Singh, Asif, Umesh Kumar Yadav and Surendra Balram Dubey have been granted bail by the co-ordinate bench of this court, the fact that the applicant has explained criminal history of 6 cases in paragraph- 22 of the bail application, the fact applicant is languishing in jail since 15.06.2023, the applicant seeks parity with the bail orders of co-accused and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. 8. Let the applicant Abhinav Gupta @ Arun Kumar @ Arun Bhardwaj @ Arun Agarwal @ Pankaj Kumar @ Prashant Das, involved in Case Crime No. 351 of 2023, under sections 406, 409, 419, 420, 467, 468, 471 and 120-B I.P.C, P.S. Kotwali Nagar, 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 BAIL No. 11735 of 2024 2 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). 9. The application is allowed on the ground of parity. November 12, 2025/DiVYa BAIL No. 11735 of 2024 3 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench