HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9871 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Counter affidavit on behalf of the State is taken on record. 2. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 3. It is alleged in the prosecution case that the applicant and other three co- accused persons is engaged in the business of foodgrains under the name and style 'Harsh Industries'. He had supplied 2500 quintal foodgrains to the applicant. Thereafter the applicant introduced him to other co-accused persons and on his guarantee, the opposite party no. 2 supplied food grains worth Rs. 11,52,38,156/- to other three accused persons. However, the accused No.2 has paid Rs. 5,02,57,000/- to the informant and he avoided payment of balance amount. Co-accused Vijay Pal Gupta handed over five cheques- four for Rs. 75 lakh each on one of Rs.61,57,000/- but the cheque was dishonoured by the bank. 4. Learned counsel for the applicant submits the applicant has been falsely implicated in the present case. He has explained criminal history in the bail application. He further submits that the co-accused Uma Shankar Mishra, who was the master mind, has been granted anticipatory bail by the co-ordinate bench of this court vide order dated 18.08.2025 in Criminal Misc. Anticipatory Bail Application No. 479 of 2025. Another co-accused Devendra Pal Singh has also been granted bail vide order dated 7.11.2025 passed in Bail No.6910 of 2024. He claims parity. 5. It is further submitted the offences are triable by the Magistrate. Chargesheet in the Versus Counsel for Applicant(s) : Shiv Lal Yadav, Pooja Jaisawar, Ripu Daman Shahi, Shitla Prasad Tripathi Counsel for Opposite Party(s) : G.A., Sanjay Kumar Sharma Ajay Pal Gupta @ Sonu Chaudhary .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) case has been filed. It is lastly submitted that it is a pure business transaction. He further submits 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. 6. Learned A.G.A. and learned counsel for the complainant have opposed the prayer for bail, but they could not dispute that it is a case of parity. 7. Considering the facts and circumstances of the case, bail orders of the co-accused, the arguments advanced by learned counsel for the parties, the period for which the applicant is in jail since 8.8.2025, the fact that chargesheet has been filed; the offence is triable by Magistrate, criminal history of the applicant has been explained in the bail application; 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 Ajay Pal Gupta @ Sonu Chaudhary, involved in Case Crime No. 0568 of 2023, under sections 409, 419, 420, 467, 468, 471, 506 and 120-B I.P.C, P.S. Risiya, District Bahraich, 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 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). BAIL No. 9871 of 2025 2 9. The application is allowed on the ground of parity. November 12, 2025 Renu/- BAIL No. 9871 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench