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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34273 of 2026 Court No. - 70 HON'BLE JAI PRAKASH TIWARI, J.
1. Supplementary affidavit has been filed today in the Court by learned counsel for the applicant. The same is taken on record. 2. Pursuant to the order dated 25.09.2026, passed by this Court, Sri Shivanand Rai, Sub-Inspector of Police, Police Station- Robertsganj District- Sonbhadra, is present before this Court and has personal affidavit. The same is taken on record. 3. It is apparent from personal affidavit that the query made in order dated 25.09.2026 has been explained in paragraph nos.4 to 6 of the affidavit. 4. The officer has tendered unconditional apology and submits that in future he shall be more careful while submitting the instructions in compliance of the judgment and order passed by this Court. 4. The apology is accepted. The personal appearance of Sri Shivanand Rai, Sub-Inspector of Police is exempted. 5. Heard learned counsel for the applicant, learned A.G.A. and perused the record. 6. The applicant is involved in Case Crime No. 708 of 2026 under Sections -3(5), 115(2), 333, 140(1) BNS Police Station Robertsganj District Sonbhadra. 7. Learned counsel for the applicant has submitted that the applicant is Versus Counsel for Applicant(s) : Ashok Kumar Yadava, Janardan Counsel for Opposite Party(s) : Brijesh Kumar Chaturvedi, G.A., Sandeep Kumar Chaturvedi Munna Alias Shivaashray Yadav .....Applicant(s) State of U.P. .....Opposite Party(s)
innocent and has been falsely implicated in the present case. It is further submitted that the applicant had transferred a sum of Rs.12,00,000/- to the account of the victim Manoj Kumar Pandey, on the pretext of securing employment for the daughter of the applicant in the Indian Railways. However, when Manoj Kumar Pandey failed to provide any information regarding the same, the applicant, with the assistance of the local police, apprehended the said victim (son of the informant). Thereafter, Manoj Kumar Pandey returned a sum of Rs.5,00,000/- to the account of the applicant, and a written settlement was also entered into between them. It is further submitted that, arising out of the same set of facts, several FIRs have been lodged against the victim of the present case. The applicant has not criminal history, except the present case. The applicant is in jail since 23.08.2026. Therefore, the applicant is entitled for bail.
Learned counsel for the applicant has further submitted that if the applicant is released on bail, the applicant would not misuse liberty of bail and is ready to co-operate in the trial. 8. Learned A.G.A. has opposed the prayer for bail but he has not disputed the above contention made by the learned counsel for the accused- applicant. 9. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail. Accordingly, the bail application is allowed. 10. Let applicant -Munna Alias Shivaashray Yadav be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions, which are being imposed in the interest of justice:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to BAIL No. 34273 of 2026 2
dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 11. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 12. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.
October 1, 2026 S.K.
BAIL No. 34273 of 2026 3 (Jai Prakash Tiwari,J.) Digitally signed by :- SWEETY KANOJIA High Court of Judicature at Allahabad