High Court · 2025

1. Heard Sri Bhupal Singh Rathaur, learned counsel for the applicant and Sri Bhanu Pratap Singh, learned AGA for the State.

2. As per learned counsel for the applicant, the present applicant is in jail since 11.03.2025 in Case Crime No.05 of 2025, under Sections 318 (4), 111, 316 (5) of B.N.S. and Section 66D of I.T. Act, Police Station – Bazar Shukla, District – Amethi.

3. Learned counsel for the applicant has submitted that for the same incident, two FIRs have been lodged against the present applicant and in one FIR bearing Case Crime No.63 of 2025, this Court has granted bail to the applicant on his undertaking that he shall deposit a sum of Rupees nine lakh before the Investigating Officer concerned within one month from the date of his release from jail vide order dated 07.07.2025 passed in Criminal Misc. Bail Application No.5629 of 2025, which reads as under:- "1. Heard Sri Bhupal Singh Rathaur, learned counsel for the applicant and Sri Bhanu Pratap Singh, learned AGA for the State.

2. As per learned counsel for the applicant, the present applicant is in jail since 11.03.2025 in Case Crime No.63 of 2025, under Sections 318 (4), 111, 316(5) of B.N.S. and Section 66D of I.T. Act, Police Station – Mohanganj, District – Amethi.

3. At the very outset, learned counsel for the applicant has stated that a sum of Rupees nine lakh has been credited in the account of present applicant and he is ready to return the same amount to the Investigating Officer concerned, who shall provided this amount to the concerning agency/ person, who suffered the loss. Learned counsel has stated that the aforesaid amount shall be returned within one month after releasing the applicant from jail. He has also submitted that one co-accused person, namely, Amresh Kumar has been granted bail by this Court vide order dated 03.07.2025 passed in Criminal Misc. Bail Application No.3060 of 2025, therefore, on the basis of principles of parity, the present applicant may be released on bail. Sri Bhupal Singh Rathaur has submitted that for the same incident, one more criminal case has been lodged against the present applicant. Further, the applicant undertakes that if he is released on bail, he shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and shall cooperate in the trial proceedings.

4. Learned A.G.A. has opposed the aforesaid bail application by submitting that the present applicant is a member of organized gang, therefore, besides other sections, Section 111 of B.N.S. has also been imposed against him. If he is ready to return the sum of Rupees nine lakh within one month, liberty may be given to the State to file bail cancellation application, if the present applicant does not return the same in terms of the aforesaid undertaking.

5. Without entering into merits of the issue; considering the arguments of learned counsel for the parties; contents and allegations of the FIR; the fact that the applicant is ready to return the amount credited to his account i.e. Rupees nine lakh; one co-accused Amresh Kumar, having similar role, has been enlarged on bail by this Court and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail.

6. Accordingly, the bail application is allowed.

7. Let applicant- Aditya be released on bail in the aforesaid case crime number 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:- (i) The present applicant is directed to deposit the sum of Rupees nine lakh before the Investigating Officer concerned within a period of one month from the date of his release from jail and the Investigating Officer concerned shall provide the same amount to the concerning agency/ person, who suffered the loss. If the applicant does not deposit the aforesaid amount within the aforesaid stipulated period, the State/ Prosecuting Agency will have liberty to file cancellation of bail application before this Court. (ii) 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. 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. (iii) The applicant 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 269 of the B.N.S., 2023. (iv) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of the B.N.S.S., 2023 is issued and the 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 208 of the B.N.S., 2023. (v) 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 351 of the B.N.S.S., 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. (vi) The applicant shall not leave India without previous permission of the court."

4. Therefore, learned counsel for the applicant has submitted that the present applicant may be enlarged on bail in this case also on the same terms and conditions, which have been imposed in Criminal Misc. Bail Application No.5629 of 2025 (supra).

5. Learned A.G.A. has reiterated the submission as has been made in Criminal Misc. Bail Application No.5629 of 2025 (supra).

6. Without entering into merits of the issue; considering the arguments of learned counsel for the parties; for the same incident, two FIRs have been lodged and in one FIR, the present applicant has been granted bail vide order dated 07.07.2025 passed in Criminal Misc. Bail Application No.5629 of 2025 (supra), I find it appropriate to release the applicant on bail in the present case also in the same terms and conditions as have been imposed in the aforesaid order dated 07.07.2025 passed in Criminal Misc. Bail Application No.5629 of 2025 (supra) .

7. Accordingly, the bail application is allowed.

8. Let applicant- Aditya be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned in the same terms and conditions as have been imposed in the order dated 07.07.2025 passed in Criminal Misc. Bail Application No.5629 of 2025 (supra).

9. It is clarified that the present applicant shall return only a sum of Rupees nine lakh as has been directed vide the order dated 07.07.2025 passed in Criminal Misc. Bail Application No.5629 of 2025 (supra). Order Date :- 7.7.2025 /RBS/- [Rajesh Singh Chauhan,J.] RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench

1. Heard Sri Bhupal Singh Rathaur, learned counsel for the applicant and Sri Bhanu Pratap Singh, learned AGA for the State.

2. As per learned counsel for the applicant, the present applicant is in jail since 11.03.2025 in Case Crime No.05 of 2025, under Sections 318 (4), 111, 316 (5) of B.N.S. and Section 66D of I.T. Act, Police Station – Bazar Shukla, District – Amethi.

3. Learned counsel for the applicant has submitted that for the same incident, two FIRs have been lodged against the present applicant and in one FIR bearing Case Crime No.63 of 2025, this Court has granted bail to the applicant on his undertaking that he shall deposit a sum of Rupees nine lakh before the Investigating Officer concerned within one month from the date of his release from jail vide order dated 07.07.2025 passed in Criminal Misc. Bail Application No.5629 of 2025, which reads as under:- "1. Heard Sri Bhupal Singh Rathaur, learned counsel for the applicant and Sri Bhanu Pratap Singh, learned AGA for the State.

2. As per learned counsel for the applicant, the present applicant is in jail since 11.03.2025 in Case Crime No.63 of 2025, under Sections 318 (4), 111, 316(5) of B.N.S. and Section 66D of I.T. Act, Police Station – Mohanganj, District – Amethi.

3. At the very outset, learned counsel for the applicant has stated that a sum of Rupees nine lakh has been credited in the account of present applicant and he is ready to return the same amount to the Investigating Officer concerned, who shall provided this amount to the concerning agency/ person, who suffered the loss. Learned counsel has stated that the aforesaid amount shall be returned within one month after releasing the applicant from jail. He has also submitted that one co-accused person, namely, Amresh Kumar has been granted bail by this Court vide order dated 03.07.2025 passed in Criminal Misc. Bail Application No.3060 of 2025, therefore, on the basis of principles of parity, the present applicant may be released on bail. Sri Bhupal Singh Rathaur has submitted that for the same incident, one more criminal case has been lodged against the present applicant. Further, the applicant undertakes that if he is released on bail, he shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and shall cooperate in the trial proceedings.

4. Learned A.G.A. has opposed the aforesaid bail application by submitting that the present applicant is a member of organized gang, therefore, besides other sections, Section 111 of B.N.S. has also been imposed against him. If he is ready to return the sum of Rupees nine lakh within one month, liberty may be given to the State to file bail cancellation application, if the present applicant does not return the same in terms of the aforesaid undertaking.

5. Without entering into merits of the issue; considering the arguments of learned counsel for the parties; contents and allegations of the FIR; the fact that the applicant is ready to return the amount credited to his account i.e. Rupees nine lakh; one co-accused Amresh Kumar, having similar role, has been enlarged on bail by this Court and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail.

6. Accordingly, the bail application is allowed.

7. Let applicant- Aditya be released on bail in the aforesaid case crime number 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:- (i) The present applicant is directed to deposit the sum of Rupees nine lakh before the Investigating Officer concerned within a period of one month from the date of his release from jail and the Investigating Officer concerned shall provide the same amount to the concerning agency/ person, who suffered the loss. If the applicant does not deposit the aforesaid amount within the aforesaid stipulated period, the State/ Prosecuting Agency will have liberty to file cancellation of bail application before this Court. (ii) 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. 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. (iii) The applicant 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 269 of the B.N.S., 2023. (iv) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of the B.N.S.S., 2023 is issued and the 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 208 of the B.N.S., 2023. (v) 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 351 of the B.N.S.S., 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. (vi) The applicant shall not leave India without previous permission of the court."

4. Therefore, learned counsel for the applicant has submitted that the present applicant may be enlarged on bail in this case also on the same terms and conditions, which have been imposed in Criminal Misc. Bail Application No.5629 of 2025 (supra).

5. Learned A.G.A. has reiterated the submission as has been made in Criminal Misc. Bail Application No.5629 of 2025 (supra).

6. Without entering into merits of the issue; considering the arguments of learned counsel for the parties; for the same incident, two FIRs have been lodged and in one FIR, the present applicant has been granted bail vide order dated 07.07.2025 passed in Criminal Misc. Bail Application No.5629 of 2025 (supra), I find it appropriate to release the applicant on bail in the present case also in the same terms and conditions as have been imposed in the aforesaid order dated 07.07.2025 passed in Criminal Misc. Bail Application No.5629 of 2025 (supra) .

7. Accordingly, the bail application is allowed.

8. Let applicant- Aditya be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned in the same terms and conditions as have been imposed in the order dated 07.07.2025 passed in Criminal Misc. Bail Application No.5629 of 2025 (supra).

9. It is clarified that the present applicant shall return only a sum of Rupees nine lakh as has been directed vide the order dated 07.07.2025 passed in Criminal Misc. Bail Application No.5629 of 2025 (supra). Order Date :- 7.7.2025 /RBS/- [Rajesh Singh Chauhan,J.] RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench