Neutral Citation No. - 2025:AHC:71688 Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18303 of 2024 Applicant :- Sanjay Chauhan @ Pintu Opposite Party :- State of U.P. Counsel for Applicant :- Amod Pandey,Indra Deo Mishra,Jitendra Kumar Nayak,Manoj Kumar Mishra,Nitin Sharma,Pankaj Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. 1. Heard Mr. Nitin Sharma, learned counsel for the applicant, Mr. Mayank Awasthi, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed on behalf of the applicant, Sanjay Chauhan @ Pintu with a prayer to release his on bail in Case Crime No.220 of 2023, under sections 419, 420, 406, 504, 506, 467, 468, 471 IPC, Police Station Cholapur, District Varanasi, during pendency of trial. 3. Learned counsel for the applicant submits that this is second bail application. First bail application has been rejected by this Court vide order dated 14.03.2024. 4. In the present case, on 13.02.2025, the following order was passed:- "Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. This is the second bail application of the applicant. The first bail application of the applicant was rejected by this Court, vide order dated 14.03.2024. The instant bail application has been filed on behalf of applicant, Sanjay Chauhan @ Pintu with a prayer to enlarge him on bail in Case Crime No. 220 of 2023, under sections 419, 420, 406, 504, 506, 467, 468 and 471 I.P.C., P.S. Cholapur, District-Varanasi, during pendency of trial. Learned counsel for the applicant submits that the applicant is in jail since 26.09.2023. He makes a request for enlarging the applicant on bail as there is no chance of conclusion of trial in near future. Per contra, learned A.G.A. has opposed the prayer for bail and submitted that the applicant has received Rs. nine lacs in his account for providing job to the informant and has committed serious offence, therefore, he is not entitled to be released on bail. Learned counsel for the applicant submits that the applicant is ready and willing to deposit Rs. one lac before the concerned trial court to show his bonafide, subject to the condition that the amount so deposited may be kept in the fixed deposit account bearing interest of a nationalized bank during the pendency of the trial court proceedings. After having heard the learned counsel for parties and considering the facts and circumstances of the case, it is directed that the applicant shall deposit Rs. one lac before the concerned trial court within ten days from today and file document proving the deposition of amount. In case, such an amount is deposited before the concerned trial court within the stipulated period, the same shall be kept in the fixed deposit account bearing interest of a nationalized bank during the pendency of the trial court proceedings. Put up this case as fresh on 25.02.2025." 5. In compliance of the aforesaid order, the applicant has deposited the amount of Rs.1,00,000/- before the court concerned, which has been kept in the fixed deposit account bearing interest of a nationalized bank as is evident from page nos. 5 and 6 of the supplementary affidavit filed by the learned counsel for the applicant on 02.03.2025. 6. He further submits that the applicant has criminal history of one case, which has satisfactorily been explained in para 3 of the supplementary affidavit dated 08.01.2025. He is languishing in jail since 26.09.2023. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses. 7. Learned A.G.A. for the State has conceded the aforesaid submissions. 8. Considering the submission of learned counsel for the parties and the fact that the applicant has already deposited Rs.1,00,000/- before the court concerned, the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 9. Let the applicant Sanjay Chauhan @ Pintu involved in the aforesaid case crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to 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 will appear before the trial court on the date fixed, unless personal presence is exempted and/or the applicant shall make himself available for interrogation by a police officer as and when required. iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. v. 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. vi. The applicant shall not leave India without the previous permission of the Court. vii. In the event, the applicant changes his residential address, the applicant shall inform the court concerned about new residential address in writing. 10. In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court. 11. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case. Order Date :- 5.5.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad