The applicant is entitled to bail based on established parity and the absence of evidence tampering.

Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J.

1. Heard learned counsel for the applicant Kapil Kumar Yadav, as well as learned AGA for the State.

2. In the prosecution case, it is alleged that a call centre was being operated in Azad Vihar Colony, which is said to have defrauded and deceived several innocent individuals on the pretext of providing online employment opportunities.

3. The submission of learned counsel for the applicant is that the alleged recovery from the applicant, i.e. mobile phone and ATM cards is false. There is no independent witness to the said recovery. The applicant has no criminal history and is in jail since 17.6.2025.The offence is triable by Magistrate.

4. It is also submitted that there is no likelihood of the applicant absconding or tampering with the prosecution witnesses. It is assured that in case the applicant is enlarged on bail, he shall not misuse the liberty so granted.

5. It is next submitted that co-accused Santosh Kumar has been granted bail vide order dated 29.10.2025 passed in Bail No.8999 of 2025, therefore he seeks parity with the bail order of the said co-accused.

6. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

7. On due consideration to the recovery made from the applicant; bail order of co-accused, the facts that the offences are triable by a Magistrate, charge sheet has been filed in the matter, there is no public witness to the alleged recovery, and the applicant is languishing in jail since 17.6.2025, I find this to be a fit case for granting bail to the applicant.

8. Accordingly, the bail application is allowed on the ground of parity.

9. Let the applicant Ajay Pratap Singh alias Ajay Singh, involved in case crime No. 228/2025, Under Sections 318 (4), 338, 336(3), 340 (2), 61(2) of the Bharatiya Nyaya Sanhita, 2023 , and Section 66-D of the Information Technology Act, 2000 , Police Station: Banthra, district Lucknow be released on bail 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) 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 in accordance with law.

(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. (now Section 84 BNS S) 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