Neutral Citation No. - 2025:AHC:11106 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41560 of 2024 Applicant :- Ajay Pratap Singh Alias Gaurav Opposite Party :- State of U.P. Counsel for Applicant :- Dalvir Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.15 of 2024, under Sections 420, 467, 468, 471, 120B I.P.C. and Section 66D IT Act, Police Station- Cyber Crime Bulandshahar, District- Bulandshahar. In the prosecution case, it is alleged that applicant alongwith co-accused persons for their personal means has hatching a criminal conspiracy on the pretext of providing loan to the first informant has usurped Rs.18,00,000/- of the first informant. This Rs.18,00,000/- have been transferred by the informant in the different bank accounts including the bank account of the applicant. Out of Rs.18,00,000/-, Rs.1,34,000/- is alleged to have been received in the bank account of co-accused Surender Ratawal. Learned counsel for the applicant submits that there is nine months delay in lodging the F.I.R. Offence is triable by the magistrate. The applicant has no criminal history. He is in jail since 4.9.2024. He has cooperated in the investigation and has appeared before the Investigating Officer in response to notice issued under Section 41A of Cr.P.C. He undertakes to cooperate in the trial. No useful purpose will be served in keeping the applicant in judicial custody. So far as Rs.1,34,000/- received by the applicant in his account is concerned, it is submitted on behalf of the applicant that his friend Rohit Tiwari was in dire need of money, who was happened to be his childhood friend, applicant helped him out from that money, which was deposited in his bank account with different UTR numbers. Learned counsel for the applicant submits that co-accused Surendra Ratawal has already been enlarged on bail by co- ordinate Bench of this Court on 28.11.2024 in Criminal Misc. Bail Application No. 42775 of 2024. It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. for the State has opposed the bail prayer of the applicant. On due consideration to the submissions advanced, perusal of the record as also the fact that offence is triable by the magistrate, the applicant has no other criminal history, the delay in lodging the FIR, without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant- Ajay Pratap Singh Alias Gaurav be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with 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 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. (vi) In case, the applicant misuse 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 shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. Order Date :- 22.1.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad