HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 4340 of 2026 Court No. - 66 HON'BLE SAMEER JAIN, J. 1. Heard Sri Abhay Mishra, learned counsel for the applicant, Sri Mohd. Vaish Khan, learned Advocate holding brief of Sri Shubham Prakash Gupta, learned counsel for informant and Dr. S.B. Maurya, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 06 of 2026, under Sections 318(4), 338, 335, 336(3), 340(2), 352, 351(3) BNS, Police Station Kithore, District Meerut during pendency of the trial. 3. Learned counsel for the applicant submits, however, as per allegation, applicant duped the informant and obtained total Rs.5,30,000/- from him but entire allegation leveled against applicant is totally false. 4. He further submits, even dispute between both the parties have been settled and applicant has already returned the entire misappropriated amount to the informant. He further submits, even all the alleged offences are triable by Magistrate. 5. He further submits, however, apart from the present case applicant is having criminal history of one another case but that case relates to cow slaughter act and in that case he is on bail. 6. He further submits, in the present matter applicant is in jail since 03.01.2026 i.e. for last more than four months. Versus Counsel for Applicant(s) : Abhay Mishra Counsel for Opposite Party(s) : G.A., Mukesh Chandra Gupta, Shubham Prakash Gupta Rais .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Per contra, learned AGA opposed the prayer for bail but submits, if applicant has returned the entire misappropriated amount to the informant then he is having no objection if applicant is released on bail. 8. Learned counsel appearing on behalf of informant also conceded the fact that entire alleged misappropriated amount has been returned by the applicant to the informant and informant is having no objection if applicant is released on bail. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per allegation, applicant by playing fraud misappropriated Rs. 5,30,000/- from the informant but it reflects, entire alleged misappropriated amount has been returned by the applicant to the informant. 11. Further, it reflects, informant is having no objection if applicant is released on bail. 12. Further, however, apart from the present case applicant is having criminal history of one another case but his criminal history has been explained in the instant bail application and in that case applicant is on bail. Further, all the alleged offences are triable by Magistrate. 13. Further, in the present matter applicant is in jail since 03.01.2026 i.e. for last more than four months. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant - Rais 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 BAIL No. 4340 of 2026 2 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. 17. 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. 18. 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. May 5, 2026 AK Pandey BAIL No. 4340 of 2026 3 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad