HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33738 of 2026 Court No. - 70 HON'BLE JAI PRAKASH TIWARI, J. Heard learned counsel for the applicant, Sri Santosh Kumar Singh Paliwal learned counsel for the informant, learned AGA for the State and perused the record. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 82 of 2026, under Sections 316(5), 317(2), 61(2) B.N.S., Police Station Araon, District Firozabad, during the pendency of trial. It is argued by learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motives and has no concern whatsoever with the alleged offence. As per the FIR, the Branch Manager of the Bank of India had sent an email to the Zonal Office informing that Dilip Kumar (Staff Officer) had not been reporting for duty since 27.05.2026 and he was also in possession of the keys to the gold safe. It is submitted that although the present applicant was named in the FIR, but the applicant is not beneficiary of the alleged misappropriation. No incriminating article has been recovered from the possession of the applicant. The role assigned to the present applicant is similar to co-accused Sandeep Yadav. Only one key of the gold vault was in possession of the present applicant. The main allegation is on the other named co-accused Dilip and his brother Rahul, who are beneficiary of misappropriation. Co-accused of the applicant namely Sandeep Yadav has already enlarged on bail by this Court vide order dated 15.9.2026 passed Versus Counsel for Applicant(s) : Ambreen Masroor, Sadrul Islam Jafri, Sr. Advocate Counsel for Opposite Party(s) : G.A., Santosh Kr. Singh Paliwal Naresh Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) in Criminal Misc. Bail Application No. 31441 of 2026. It is further submitted that there is no independent, reliable or cogent material on record connecting the applicant with the alleged misappropriation. Learned counsel also submits that the applicant has no previous criminal history. The applicant has no criminal history. The applicant has been languishing in jail since 18.06.2026 and the trial is likely to take considerable time to conclude. It is, therefore, submitted that the applicant deserves to be enlarged on bail. Learned counsel for the applicant undertakes that, in the event of his release on bail, the applicant shall not misuse the liberty of bail, shall cooperate with the trial. Per contra, learned counsel for the informant as well as learned AGA, however, opposed the prayer for bail, but could not dispute the fact that the co-accused of the applicant has already enlarged on bail by this Court. Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, and submissions of learned counsel for the parties, as well as co-accused of the applicant has already granted bail by this Court, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. Let the applicant-Naresh Kumar be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (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 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. BAIL No. 33738 of 2026 2 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. 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. September 29, 2026 Brijesh BAIL No. 33738 of 2026 3 (Jai Prakash Tiwari,J.) Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad