Sikandar Ali v. State of U.P., which has been allowed by this Court vide order dated

2. Heard Sri Ankit Kapoor, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record.

3. This second bail application under Section 483 of B.N.S.S. has been filed by the applicant Sikandar Ali, seeking enlargement on bail during trial in connection with Case Crime No.9 of 2025, under Section(s) 127(2), 61(2)(b) B.N.S., registered at P.S. Mahila Thana, District- Varanasi.

4. The first bail application of the applicant being Criminal Misc. Bail Application No.24865 of 2025 was dismissed as withdrawn by this Court vide order dated 11.8.2025.

5. On 15.10.2025 the following order was passed by this Court:- "1. List revised.

2. Heard Sri Ankit Kapoor, learned counsel for the applicant and Sri Ajay Singh, learned A.G.A.-I for the State and perused records.

3. This bail application has been listed as fresh matter before this Court by the office as appears from the cause-list of fresh cases. The matter is marked as tied up to this Bench. There is no office report as to how this matter is tied up to this Bench. 2 BAIL No. 34896 of 2025

4. Office to clarify the same and let the matter be listed on 17.10.2025 as fresh before the appropriate Bench."

6. Office through its report dated 16.10.2025 has reported that the first bail application of the applicant has been disposed of by this Court vide order dated 11.8.2025 and in the light of the order dated 23.2.2024 of Hon'ble The Chief Justice, subsequent bail application is thus put up before this Court.

7. Learned counsel for the applicant submits that the F.I.R. of the matter was lodged under Sections 69, 74, 89, 127, 351(2) B.N.S., 2023 in which the applicant had preferred a Criminal Misc. Bail Application No. 31875 of 2025, Sikandar Ali vs. State of U.P., which has been allowed by this Court vide order dated 15.10.2025, copy of this order has been produced before this Court which has been perused. It is submitted that a charge sheet dated 16.6.2025 was submitted against the applicant and one other co-accused under Sections 69 and 351(2) B.N.S. and the Investigating Officer did not find any offence to be committed under Sections 74, 89, 127 B.N.S. and subsequently the matter was further investigated and on

18.7.2025 a supplementary charge sheet was submitted against the present applicant and co-accused under Sections 69, 351(2), 127(2) and 61(2)(b) B.N.S., copy of the charge sheet dated 16.6.2025 and supplementary charge sheet dated 18.7.2025 have been filed as annexure no. 9 to the affidavit. It is submitted that as such the present bail application has been filed after its rejection by the trial court concerned. The applicant is in jail since 07.5.2025.

8. Per contra, learned State counsel opposed the prayer for bail but does not dispute the said facts.

9. After having heard learned counsels for the parties and perusing the record, it is evident that the first bail application of the applicant was dismissed as withdrawn by this Court vide order dated 11.8.2025. The same reads as under:- "1. List revised.

2. Heard Sri Ankit Kapoor, learned counsel for the applicant, Sri 3 BAIL No. 34896 of 2025 Birendra Pratap Singh, learned counsel for the State and perused the record.

3. Sri Mohd. Kamar Shah Alam, learned counsel for the first informant is not present even in the revised list. Previously on 21.7.2025 also learned counsel for the first informant was not present even in the revised list but in the interest of justice as a last opportunity the matter was adjourned and it was made clear that the matter will not be adjourned on the next date.Office has placed on record vakalatnama of learned counsel for the first informant through its report dated 26.7.2025. The said order reads as under:- "1. List revised.

2. Sri Ankit Kapoor, learned counsel for the applicant and Sri Bade Lal Bind, learned counsel for State are present. Sri Mohd. Kamar Shah Alam, learned counsel for the first informant is not present even when the matter is taken in the revised list.

3. The Vakalatnama of Sri Mohd. Kamar Shah Alam, learned counsel for the first informant is not on record. Office to trace out the same and place it on record by the next date.

4. Since there is no representation from the side of the first informant, in the interest of justice as a last opportunity, the matter is adjourned for today.

5. Let the matter be listed on 11.08.2025 as fresh.

6. It is made clear that the matter will not be adjourned on the next date as a matter of right."

4. This bail application under Section 483 BNSS has been filed by the applicant Sikandar Ali, seeking release on bail in connection with Case Crime No. 9 of 2025, under Sections 69, 74, 89, 127, 351(2) BNS, registered at P.S. Mahila Thana, District Varanasi.

5. Learned counsel for State points that as per his instructions the applicant is reported to be involved in one other case which has not been 4 BAIL No. 34896 of 2025 disclosed and explained and as such recital made in para-20 of the affidavit is false and incorrect. He submits that the bail application be dismissed in view of the order/judgement of the Apex Court passed in the cases of Munnesh Vs. State of U.P.: SLP (Crl.) No. 1400 / 2025 and Kaushal Singh Vs. State of Rajasthan : 2025 SCC OnLine SC 1473.

6. Learned counsel for the applicant prays that since the criminal history of the applicant has not been disclosed and explained of the other cases, the present bail application under Section 483 BNSS be dismissed as withdrawn as he intends to file a better application with full and complete documents.

7. Prayer as prayed is allowed.

8. The bail application is dismissed as withdrawn."

10. The F.I.R. of the matter was lodged under Sections 69, 74, 89, 127, 351(2) B.N.S., 2023 in which the applicant had preferred a Criminal Misc. Bail Application No. 31875 of 2025, Sikandar Ali vs. State of U.P., which has been allowed by this Court vide order dated 15.10.2025. Initially a charge sheet dated 16.6.2025 was submitted against the applicant and one other co-accused under Sections 69 and 351(2) B.N.S. and the Investigating Officer did not find any offence to be committed under Sections 74, 89, 127 B.N.S. and subsequently the matter was further investigated and on 18.7.2025 a supplementary charge sheet was submitted against the present applicant and co-accused under Sections 69, 351(2), 127(2) and 61(2)(b) B.N.S.

11. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

12. Let the applicant- Sikandar Ali, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- 5 BAIL No. 34896 of 2025 i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 BNSS, 2023 may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 209 BNS,

2023. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 BNSS, 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 269 BNS, 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

13. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 6 BAIL No. 34896 of 2025

14. The bail application is allowed.

15. Pending application(s), if any, shall stand disposed of. October 17, 2025 Naresh (Samit Gopal,J.) NARESH KUMAR High Court of Judicature at Allahabad

2. Heard Sri Ankit Kapoor, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record.

3. This second bail application under Section 483 of B.N.S.S. has been filed by the applicant Sikandar Ali, seeking enlargement on bail during trial in connection with Case Crime No.9 of 2025, under Section(s) 127(2), 61(2)(b) B.N.S., registered at P.S. Mahila Thana, District- Varanasi.

4. The first bail application of the applicant being Criminal Misc. Bail Application No.24865 of 2025 was dismissed as withdrawn by this Court vide order dated 11.8.2025.

5. On 15.10.2025 the following order was passed by this Court:- "1. List revised.

2. Heard Sri Ankit Kapoor, learned counsel for the applicant and Sri Ajay Singh, learned A.G.A.-I for the State and perused records.

3. This bail application has been listed as fresh matter before this Court by the office as appears from the cause-list of fresh cases. The matter is marked as tied up to this Bench. There is no office report as to how this matter is tied up to this Bench. 2 BAIL No. 34896 of 2025

4. Office to clarify the same and let the matter be listed on 17.10.2025 as fresh before the appropriate Bench."

6. Office through its report dated 16.10.2025 has reported that the first bail application of the applicant has been disposed of by this Court vide order dated 11.8.2025 and in the light of the order dated 23.2.2024 of Hon'ble The Chief Justice, subsequent bail application is thus put up before this Court.

7. Learned counsel for the applicant submits that the F.I.R. of the matter was lodged under Sections 69, 74, 89, 127, 351(2) B.N.S., 2023 in which the applicant had preferred a Criminal Misc. Bail Application No. 31875 of 2025, Sikandar Ali vs. State of U.P., which has been allowed by this Court vide order dated 15.10.2025, copy of this order has been produced before this Court which has been perused. It is submitted that a charge sheet dated 16.6.2025 was submitted against the applicant and one other co-accused under Sections 69 and 351(2) B.N.S. and the Investigating Officer did not find any offence to be committed under Sections 74, 89, 127 B.N.S. and subsequently the matter was further investigated and on

18.7.2025 a supplementary charge sheet was submitted against the present applicant and co-accused under Sections 69, 351(2), 127(2) and 61(2)(b) B.N.S., copy of the charge sheet dated 16.6.2025 and supplementary charge sheet dated 18.7.2025 have been filed as annexure no. 9 to the affidavit. It is submitted that as such the present bail application has been filed after its rejection by the trial court concerned. The applicant is in jail since 07.5.2025.

8. Per contra, learned State counsel opposed the prayer for bail but does not dispute the said facts.

9. After having heard learned counsels for the parties and perusing the record, it is evident that the first bail application of the applicant was dismissed as withdrawn by this Court vide order dated 11.8.2025. The same reads as under:- "1. List revised.

2. Heard Sri Ankit Kapoor, learned counsel for the applicant, Sri 3 BAIL No. 34896 of 2025 Birendra Pratap Singh, learned counsel for the State and perused the record.

3. Sri Mohd. Kamar Shah Alam, learned counsel for the first informant is not present even in the revised list. Previously on 21.7.2025 also learned counsel for the first informant was not present even in the revised list but in the interest of justice as a last opportunity the matter was adjourned and it was made clear that the matter will not be adjourned on the next date.Office has placed on record vakalatnama of learned counsel for the first informant through its report dated 26.7.2025. The said order reads as under:- "1. List revised.

2. Sri Ankit Kapoor, learned counsel for the applicant and Sri Bade Lal Bind, learned counsel for State are present. Sri Mohd. Kamar Shah Alam, learned counsel for the first informant is not present even when the matter is taken in the revised list.

3. The Vakalatnama of Sri Mohd. Kamar Shah Alam, learned counsel for the first informant is not on record. Office to trace out the same and place it on record by the next date.

4. Since there is no representation from the side of the first informant, in the interest of justice as a last opportunity, the matter is adjourned for today.

5. Let the matter be listed on 11.08.2025 as fresh.

6. It is made clear that the matter will not be adjourned on the next date as a matter of right."

4. This bail application under Section 483 BNSS has been filed by the applicant Sikandar Ali, seeking release on bail in connection with Case Crime No. 9 of 2025, under Sections 69, 74, 89, 127, 351(2) BNS, registered at P.S. Mahila Thana, District Varanasi.

5. Learned counsel for State points that as per his instructions the applicant is reported to be involved in one other case which has not been 4 BAIL No. 34896 of 2025 disclosed and explained and as such recital made in para-20 of the affidavit is false and incorrect. He submits that the bail application be dismissed in view of the order/judgement of the Apex Court passed in the cases of Munnesh Vs. State of U.P.: SLP (Crl.) No. 1400 / 2025 and Kaushal Singh Vs. State of Rajasthan : 2025 SCC OnLine SC 1473.

6. Learned counsel for the applicant prays that since the criminal history of the applicant has not been disclosed and explained of the other cases, the present bail application under Section 483 BNSS be dismissed as withdrawn as he intends to file a better application with full and complete documents.

7. Prayer as prayed is allowed.

8. The bail application is dismissed as withdrawn."

10. The F.I.R. of the matter was lodged under Sections 69, 74, 89, 127, 351(2) B.N.S., 2023 in which the applicant had preferred a Criminal Misc. Bail Application No. 31875 of 2025, Sikandar Ali vs. State of U.P., which has been allowed by this Court vide order dated 15.10.2025. Initially a charge sheet dated 16.6.2025 was submitted against the applicant and one other co-accused under Sections 69 and 351(2) B.N.S. and the Investigating Officer did not find any offence to be committed under Sections 74, 89, 127 B.N.S. and subsequently the matter was further investigated and on 18.7.2025 a supplementary charge sheet was submitted against the present applicant and co-accused under Sections 69, 351(2), 127(2) and 61(2)(b) B.N.S.

11. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

12. Let the applicant- Sikandar Ali, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- 5 BAIL No. 34896 of 2025 i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 BNSS, 2023 may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 209 BNS,

2023. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 BNSS, 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 269 BNS, 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

13. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 6 BAIL No. 34896 of 2025

14. The bail application is allowed.

15. Pending application(s), if any, shall stand disposed of. October 17, 2025 Naresh (Samit Gopal,J.) NARESH KUMAR High Court of Judicature at Allahabad