High Court · 2025

1. Heard Mohammad Imran, learned counsel for the applicant and Sri Bhanu Pratap Singh, learned A.G.A. for the State.

2. Heard.

3. This Court has passed order dated 23.6.2025 which reads as under : "Supplementary affidavit filed today is taken on record. Learned counsel for the applicant, at the very outset, submits that he may permitted to array the complainant as opposite party no.2 in the memo of parties. Learned A.G.A. for the State has no objection to the submission aforesaid. In view of the above, learned counsel for the applicant is permitted to array the complainant as opposite party no.2 in the memo of parties during the course of day. Instant bail application has been filed with the prayer to release the applicant in Case Crime No.21 of 2025 under Section 318, 338, 238, 111(2) of B.N.S. and Section 66D of Information and Technology Act 2005, Police Station Wazeer Ganj, District Lucknow. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He submits that the applicant is ready to pay Rs.99500/-and DD has also been got prepared and copy of the same has also been appended along with the supplementary affidavit. He submits that the matter pertains to a dispute regarding money transaction between the parties and there is no intent to commit cheat and fraud with the informant. He next submits that there is no previous criminal history of the applicant, which has been explained in para 26 of the bail application and the applicant is languishing in jail since 14.2.2025 and in case, the applicant is granted bail, he will not misuse the liberty and would co-operate in the trial proceedings. Per contra, learned A.G.A. vehemently opposed the prayer of bail and submitted that the applicant is involved in committing the aforesaid offence, as such, he is not entitled to be released on bail. Having heard the learned counsel for the parties and after perusal of record, it is transaction that the applicant is ready to pay Rs.99500/-and DD has also been got prepared and copy of the same has also been appended along with the supplementary affidavit; the matter pertains to a dispute regarding money transaction between the parties and there is no intent to commit cheat and fraud with the informant; there is no previous criminal history of the applicant, which has been explained in para 26 of the bail application; the applicant is languishing in jail since 14.2.2025and he has undertaken that he will not misuse the liberty of bail if granted and would co-operate in the trial proceedings. In view of the above, let the applicant Niyaj Ansari involved in the aforementioned crime be released on interim bail till the next date of listing, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code; (3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and (4) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. Let notice be issued to the opposite party no.2 returnable at an early date. Steps be taken within one week. List this matter on 22.7.2025 within top five cases."

4. Smt. Renuka Singh, the complainant / opposite party no. 2 is present in person along with her Advocate, Sri Ramakar Shukla who has filed 'Vakalatnama', same is taken on record.

5. Learned counsel for the applicant has stated that the Demand Draft to the tune of Rs. 99500/- in the name of 'Dhananjay Singh', the photocopy thereof has been enclosed as Annexure-S.A.-3 to the supplementary affidavit dated 20.6.2025 has been handed over to Smt. Renuka Singh who has received the same before the Court.

6. Learned counsel for the applicant has stated that though the present applicant was granted interim bail by means of aforesaid order dated 23.6.2025 but could not be released from jail as yet because the verifidcation of sureties filed before the learned court concerned has not been verified till date.

7. Learned AGA has submitted that since the trial is going on, therefore, the direction may be issued to the applicant to cooperate in the trial proceedings and shall not misuse the liberty of bail.

8. Having considered the submission of learned counsel for the parties and the fact that the applicant has given a Demand Draft of Rs. 99500/- to the complainant and interim bail order has already been granted by this Court so that aforesaid interim bail order is made absolute in terms of the earlier order dated 23.6.2025.

9. Accordingly, bail application is allowed.

10. Before parting with it is observed that since the accused is native of Devghar, Jharkhand, therefore, the learned court concerned shall carefully verify the surety verification report and shall personally examine both the sureties and appropriate undertaking may be obtained from those sureties to the effect that the accused- applicant shall participate in the trial proceedings, shall cooperate in the trial proceedings and shall not try to abscond from the judicial proceedings. . Order Date :- 22.7.2025 Om (Rajesh Singh Chauhan, J.) OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

1. Heard Mohammad Imran, learned counsel for the applicant and Sri Bhanu Pratap Singh, learned A.G.A. for the State.

2. Heard.

3. This Court has passed order dated 23.6.2025 which reads as under : "Supplementary affidavit filed today is taken on record. Learned counsel for the applicant, at the very outset, submits that he may permitted to array the complainant as opposite party no.2 in the memo of parties. Learned A.G.A. for the State has no objection to the submission aforesaid. In view of the above, learned counsel for the applicant is permitted to array the complainant as opposite party no.2 in the memo of parties during the course of day. Instant bail application has been filed with the prayer to release the applicant in Case Crime No.21 of 2025 under Section 318, 338, 238, 111(2) of B.N.S. and Section 66D of Information and Technology Act 2005, Police Station Wazeer Ganj, District Lucknow. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He submits that the applicant is ready to pay Rs.99500/-and DD has also been got prepared and copy of the same has also been appended along with the supplementary affidavit. He submits that the matter pertains to a dispute regarding money transaction between the parties and there is no intent to commit cheat and fraud with the informant. He next submits that there is no previous criminal history of the applicant, which has been explained in para 26 of the bail application and the applicant is languishing in jail since 14.2.2025 and in case, the applicant is granted bail, he will not misuse the liberty and would co-operate in the trial proceedings. Per contra, learned A.G.A. vehemently opposed the prayer of bail and submitted that the applicant is involved in committing the aforesaid offence, as such, he is not entitled to be released on bail. Having heard the learned counsel for the parties and after perusal of record, it is transaction that the applicant is ready to pay Rs.99500/-and DD has also been got prepared and copy of the same has also been appended along with the supplementary affidavit; the matter pertains to a dispute regarding money transaction between the parties and there is no intent to commit cheat and fraud with the informant; there is no previous criminal history of the applicant, which has been explained in para 26 of the bail application; the applicant is languishing in jail since 14.2.2025and he has undertaken that he will not misuse the liberty of bail if granted and would co-operate in the trial proceedings. In view of the above, let the applicant Niyaj Ansari involved in the aforementioned crime be released on interim bail till the next date of listing, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code; (3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and (4) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. Let notice be issued to the opposite party no.2 returnable at an early date. Steps be taken within one week. List this matter on 22.7.2025 within top five cases."

4. Smt. Renuka Singh, the complainant / opposite party no. 2 is present in person along with her Advocate, Sri Ramakar Shukla who has filed 'Vakalatnama', same is taken on record.

5. Learned counsel for the applicant has stated that the Demand Draft to the tune of Rs. 99500/- in the name of 'Dhananjay Singh', the photocopy thereof has been enclosed as Annexure-S.A.-3 to the supplementary affidavit dated 20.6.2025 has been handed over to Smt. Renuka Singh who has received the same before the Court.

6. Learned counsel for the applicant has stated that though the present applicant was granted interim bail by means of aforesaid order dated 23.6.2025 but could not be released from jail as yet because the verifidcation of sureties filed before the learned court concerned has not been verified till date.

7. Learned AGA has submitted that since the trial is going on, therefore, the direction may be issued to the applicant to cooperate in the trial proceedings and shall not misuse the liberty of bail.

8. Having considered the submission of learned counsel for the parties and the fact that the applicant has given a Demand Draft of Rs. 99500/- to the complainant and interim bail order has already been granted by this Court so that aforesaid interim bail order is made absolute in terms of the earlier order dated 23.6.2025.

9. Accordingly, bail application is allowed.

10. Before parting with it is observed that since the accused is native of Devghar, Jharkhand, therefore, the learned court concerned shall carefully verify the surety verification report and shall personally examine both the sureties and appropriate undertaking may be obtained from those sureties to the effect that the accused- applicant shall participate in the trial proceedings, shall cooperate in the trial proceedings and shall not try to abscond from the judicial proceedings. . Order Date :- 22.7.2025 Om (Rajesh Singh Chauhan, J.) OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench