State Of U.P. Thru. Prin. Secy. Home Lko. vs Party(s)

1. Heard Sri R.N. Yadav, learned counsel for the applicant, Sri Satyendra Srivastava, learned AGA for the State, Ms. Akanksha Shah holding brief of Sri Randhir Singh, learned counsel for the complainant.

2. The aforesaid case has been registered on the basis of an FIR lodged on 13.08.2022 stating that the informant is a divorced lady having two children. She came in the contact with the applicant through a matrimonial site, the applicant projected himself to be a doctor and he extracted Rs. 25,46,000/- from the informant in the name of opening a hospital. The FIR alleges that the applicant was blackmailing the complainant on the strength of some obscene photographs.

3. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. On 01.08.2024, the applicant was granted interim anticipatory bail by means of the following order:- 2 BAIL No. 9089 of 2023 "Heard learned counsel for the applicant, learned AGA for the State as well as learned counsel for the complainant. Learned counsel for the applicant submits that the applicant is ready and willing to return the amount as alleged in the FIR to the complainant. He also submits that the applicant may be enlarged on bail as his medical condition is very volatile and this fact regarding his medical condition has been taken note by this Court in its order dated 11.12.2023. Learned counsel for the complainant submits that the matter may be referred to the Mediation Centre of this Court. Learned counsel for the complainant has submitted that after lodging of the FIR, the applicant absconded to a foreign country and when look out notice was issued, then he was arrested from Hyderabad Airport. In view of the above, the parties are directed to appear before the Mediation and Conciliation Centre of this Court on 20.08.2024. Mediation and Conciliation Centre of this Court shall submit its report before this Court within three months thereafter. The applicant shall pay a sum of Rs.20,000/- to the complainant within a period of two weeks from the first date before the Mediation and Conciliation Centre of this Court. List on 20.11.2024. On due consideration to the submissions advanced by both the parties, the applicant involved in Case 3 BAIL No. 9089 of 2023 Crime/FIR No. 151/2022, Sections 420/406/467/468/471 IPC, Police Station - Bazarkhala, District - Lucknow, be released on interim bail for a period of four months 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 which are being imposed in the interest of justice:- (i)(a) Before releasing the applicant on bail, his passport shall be taken into custody by the learned trial court, if it is not confiscated. (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) 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. (v) 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 229-A of the Indian Penal Code. 4 BAIL No. 9089 of 2023 (vi) 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, then, the trial court initiate proceedings against him, accordance with law, under Section 174-A of the Indian Penal Code."

4. The parties had arrived at a settlement in the Mediation and Conciliation Centre of this Court under which the applicant had agreed to pay Rs. 36,15,000/- to the complainant.

5. The learned counsel for the applicant has opposed the bail application and she has filed an application for cancellation of the anticipatory bail granted to the applicant stating that out of the said amount of Rs. 36,15,000/-, the applicant has paid merely a sum of Rs. 17 lakh and the balance amount has not been paid.

6. In Gajanan Dattatray Gore v. State of Maharashtra, 2025 SCC OnLine SC 1571, the Hon'ble Supreme Court has held that a bail application cannot be decided on the basis of an undertaking given by the accused person to pay any amount and a bail cannot be cancelled on the ground of breach of the undertaking to pay some amount.

7. In these circumstances, mere violation to comply with the terms of settlement dated 13.12.2024 entered into between the parties before the Mediation and Conciliation Centre of this Court cannot be a ground for cancellation of bail granted to the applicant.

8. The learned A.G.A. as well as the learned counsel for the complainant did not point out any misuse of interim bail by the applicant. Nothing has come to light which may persuade this court to take a view, other than the view taken at the time of granting interim bail to the applicant. 5 BAIL No. 9089 of 2023

10. In view of above, the interim order dated 01.08.2024 is made absolute and the bail application is allowed. September 15, 2025 Pradeep/- (Subhash Vidyarthi,J.) PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench

1. Heard Sri R.N. Yadav, learned counsel for the applicant, Sri Satyendra Srivastava, learned AGA for the State, Ms. Akanksha Shah holding brief of Sri Randhir Singh, learned counsel for the complainant.

2. The aforesaid case has been registered on the basis of an FIR lodged on 13.08.2022 stating that the informant is a divorced lady having two children. She came in the contact with the applicant through a matrimonial site, the applicant projected himself to be a doctor and he extracted Rs. 25,46,000/- from the informant in the name of opening a hospital. The FIR alleges that the applicant was blackmailing the complainant on the strength of some obscene photographs.

3. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. On 01.08.2024, the applicant was granted interim anticipatory bail by means of the following order:- 2 BAIL No. 9089 of 2023 "Heard learned counsel for the applicant, learned AGA for the State as well as learned counsel for the complainant. Learned counsel for the applicant submits that the applicant is ready and willing to return the amount as alleged in the FIR to the complainant. He also submits that the applicant may be enlarged on bail as his medical condition is very volatile and this fact regarding his medical condition has been taken note by this Court in its order dated 11.12.2023. Learned counsel for the complainant submits that the matter may be referred to the Mediation Centre of this Court. Learned counsel for the complainant has submitted that after lodging of the FIR, the applicant absconded to a foreign country and when look out notice was issued, then he was arrested from Hyderabad Airport. In view of the above, the parties are directed to appear before the Mediation and Conciliation Centre of this Court on 20.08.2024. Mediation and Conciliation Centre of this Court shall submit its report before this Court within three months thereafter. The applicant shall pay a sum of Rs.20,000/- to the complainant within a period of two weeks from the first date before the Mediation and Conciliation Centre of this Court. List on 20.11.2024. On due consideration to the submissions advanced by both the parties, the applicant involved in Case 3 BAIL No. 9089 of 2023 Crime/FIR No. 151/2022, Sections 420/406/467/468/471 IPC, Police Station - Bazarkhala, District - Lucknow, be released on interim bail for a period of four months 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 which are being imposed in the interest of justice:- (i)(a) Before releasing the applicant on bail, his passport shall be taken into custody by the learned trial court, if it is not confiscated. (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) 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. (v) 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 229-A of the Indian Penal Code. 4 BAIL No. 9089 of 2023 (vi) 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, then, the trial court initiate proceedings against him, accordance with law, under Section 174-A of the Indian Penal Code."

4. The parties had arrived at a settlement in the Mediation and Conciliation Centre of this Court under which the applicant had agreed to pay Rs. 36,15,000/- to the complainant.

5. The learned counsel for the applicant has opposed the bail application and she has filed an application for cancellation of the anticipatory bail granted to the applicant stating that out of the said amount of Rs. 36,15,000/-, the applicant has paid merely a sum of Rs. 17 lakh and the balance amount has not been paid.

6. In Gajanan Dattatray Gore v. State of Maharashtra, 2025 SCC OnLine SC 1571, the Hon'ble Supreme Court has held that a bail application cannot be decided on the basis of an undertaking given by the accused person to pay any amount and a bail cannot be cancelled on the ground of breach of the undertaking to pay some amount.

7. In these circumstances, mere violation to comply with the terms of settlement dated 13.12.2024 entered into between the parties before the Mediation and Conciliation Centre of this Court cannot be a ground for cancellation of bail granted to the applicant.

8. The learned A.G.A. as well as the learned counsel for the complainant did not point out any misuse of interim bail by the applicant. Nothing has come to light which may persuade this court to take a view, other than the view taken at the time of granting interim bail to the applicant. 5 BAIL No. 9089 of 2023

10. In view of above, the interim order dated 01.08.2024 is made absolute and the bail application is allowed. September 15, 2025 Pradeep/- (Subhash Vidyarthi,J.) PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench