HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 6814 of 2026 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Divyanshu Pathak,, learned counsel for the applicant, Shri Ramendra Pal Singh, learned AGA for the State, Shri Deepak Singh Yadav, learned counsel for the first informant and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Arjun Kumar @ Arjun Rajbhar, seeking enlargement on bail in Case Crime No. 474 of 2025, under Sections 318 (4), 338, 336 (3), 351 (3), 352 of the Bharatiya Nyaya Sanhita, 2023, Police Station Sidhari, District Azamgarh, during the pendency of the trial before the Court below. This Court vide order dated 17.3.2026 had passed following orders:- "1. Counsel for the applicant Sri Kuldeep Tripathi, Advocate, holding brief of Sri Divyanshu Pathak, Sri Deepak Singh Yadav, learned counsel for the first informant and Sri Rakesh Kumar Mishra, learned A.G.A. for the State. 2. Counsel for the applicant submits that the allegation in the FIR is that the applicant has received Rs.13 lacs in his account from the account of the first informant with the assurance that his son will get a job. It is further submitted that the applicant is ready to transfer the aforesaid amount in the account of the first informant. It is also submitted that the applicant has already transferred Rs.3 lacs in the account of the first informant through his wife and remaining amount i.e. Rs.10 lacs will also Versus Counsel for Applicant(s) : Divyanshu Pathak, Vartika Pandey Counsel for Opposite Party(s) : Deepak Singh Yadav, G.A. Arjun Kumar @ Arjun Rajbhar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) be transferred in the account of the first informant, if the applicant is permitted to transfer the aforesaid amount from his account, which has been frozen by the Police. 3. Considering the aforesaid request, the Manager, HDFC Bank, Branch Muhammadabad, District Azamgarh is directed to permit the applicant to transfer the amount of Rs.10 lacs in the account of the first informant, if the applicant makes such request. 4. List this case in the week commencing 06.04.2026 as fresh." Pursuant to the aforesaid order dated 17.3.2026, applicant has got prepared a demand draft bearing No. 298751 dated 16.5.2026 of Uttar Pradesh Gramin Bank, Jahanganj to the tune of Rs.10 lacs and handed over the same to Shri Deepak Singh Yadav, learned counsel appearing for the first informant. A photostat copy of demand draft, passed on by learned counsel for the applicant, is taken on record. Learned counsel for the applicant submits that applicant is languishing in jail since 19.12.2025. Applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned counsel for the applicant has drawn attention of this Court to Para 13 of decision of the Apex Court rendered in case of Deepak Kumar Shrivas and another versus State of Chattisgarh and others, reported in 2024 INSC 117, which is as under:- "13. A reading of the entire material on record clearly reflects that it was totally an unlawful contract between the parties where money was being paid for securing a job in the government department(s) or private sector. Apparently, a suit for recovery could not have been filed for the said purpose and even if it could be filed, it could be difficult to establish the same where the payment was entirely in cash. Therefore, the respondent no.6 found out a better medium to recover the said amount by building pressure on the appellant and his brother by lodging the FIR. Under the threat of criminal prosecution, may be the appellant would have tried to sort out and settle the dispute by shelving out some money." BAIL No. 6814 of 2026 2 Shri Deepak Singh Yadav, learned counsel for the first informant has accepted the said demand draft on behalf of the first informant today in the Court and he has no objection in case applicant be released on bail. Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, aforesaid law laid down by Hon'ble Supreme Court, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Arjun Kumar @ Arjun Rajbhar, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. May 18, 2026 Ravi Prakash BAIL No. 6814 of 2026 3 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad