Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38387 of 2024 Applicant :- Dayanand Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Anand Pal Singh,Harish Chandra Singh Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. 1. Heard Mr. Anand Pal Singh, learned counsel for the applicant, Mr. Rizwan Ahmad, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed on behalf of the applicant, Dayanand Gupta with a prayer to release his on bail in Case Crime No.603 of 2020, under sections 419, 420, 467, 468, 471 IPC, Police Station –Khorabar, District–Gorakhpur, during pendency of trial. 3. Learned counsel for the applicant submits that this is second bail application. First bail application has been rejected by this Court vide order dated 13.03.2024. 4. In the present case, on 05.03.2025, the following order was passed:- "1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This is the second bail application filed by the applicant. The first bail application has been rejected by this Court vide order dated 13.03.2024. 3. Learned counsel for the applicant submits that out of three named accused, one has expired and other is absconding and the applicant is in jail since 23.04.2023. There is no chance of conclusion of trial in near future as the charges have not been framed till date due to one accused absconding. Therefore, the applicant me be enlarged on bail. 4. On the other hand, learned AGA for the State submits that an old lady has been cheated for the amount of Rs.1,50,000/-, therefore, the applicant is not entitled to be enlarged on bail. 5. On the aforesaid, learned counsel for the applicant submits that to show his bona fide, the applicant is ready and willing to deposit a sum of Rs.50,000/- before the trial court subject to the condition that the amount so deposited may be kept in the fixed deposit account bearing interest of a nationalized bank during the pendency of the trial court proceedings and the rest amount will be deposited after being release. 6. Learned A.G.A. submits that in case amount of Rs.50,000/- is deposited with the court below by the applicant, he would have no objection to the applicant being enlarged on bail subject to decision of the trial court. 7. Considering the facts and circumstances of the case and submissions advanced by learned counsel for the parties, it is directed that the applicant shall deposit a sum of Rs.50,000/- before the court concerned within two weeks from today. The aforesaid amount of Rs.50,000/- shall be kept in a fixed deposit account bearing interest of a nationalized bank and a receipt of the same shall be issued to the applicant. 8. Put up this case on 21.03.2025, as fresh. 9. On that date, learned counsel for the applicant shall file an affidavit regarding deposition of the aforesaid amount." 5. In compliance of the aforesaid order, the applicant has deposited the amount of Rs.50,000/- before the court concerned, which has been kept in the fixed deposit account bearing interest of a nationalized bank. Certified copy of order dated 25.03.2025 has been annexed as Annexure No.4 of the supplementary affidavit. 6. He further submits that the applicant has criminal history of two cases, which has satisfactorily been explained in para 12 of this application. He is languishing in jail since 23.04.2023. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses. 7. Learned A.G.A. for the State has conceded the aforesaid submissions. 8. Considering the submission of learned counsel for the parties and the fact that the applicant has already deposited Rs.50,000/- before the court concerned, the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 9. Let the applicant involved in the aforesaid case crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:- 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 will appear before the trial court on the date fixed, unless personal presence is exempted and/or the applicant shall make himself available for interrogation by a police officer as and when required. iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. v. 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. vi. The applicant shall not leave India without the previous permission of the Court. vii. In the event, the applicant changes his residential address, the applicant shall inform the court concerned about new residential address in writing. 10. In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court. 11. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case. Order Date :- 23.4.2025 Jitendra/- Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad