Neutral Citation No. - 2025:AHC:12048 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42099 of 2024 Applicant :- Vikas Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Singh,Akshaivar Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Supplementary affidavit, filed by the counsel for the applicant, is taken on record. 2. Heard counsel for the applicant and Sri V.P. Tripathi, learned A.G.A. for the State-opposite party. 3. The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 467 of 2023, under Sections 420, 406, 467, 468, 471 of I.P.C., Police Station- Behat, District- Saharanpur, during the pendency of trial. 4. On 7.1.2025, the court had passed the following order; "At the outset, Sri Abhishek Singh, counsel for the applicant submits that total disputed amount involved in the instant case is Rs. 1,33,007/- (One lakh thirty three thousand and seven). The applicant along with another co-accused Pankaj Kumar has been named. The co-accused Pankaj Kumar has already deposited a demand draft of Rs. 70,000/- in favour of D.J.T. Financial Services Private Ltd. before the court concerned on 13.12.2024. The applicant is also ready to deposit half of the amount before the court concerned. Learned A.G.A. has no objection if half of the amount is deposited. Considering the submission as raised. Let a bank draft of Rs.70,000/- in favour of D.J.T. Financial Services Private Ltd. be deposited before the court concerned within ten days from today. The receipt of the deposit may be produced before this court on the next date. Place this case as fresh on 23.01.2025." 5. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The offences alleged are triable by Magistrate of first class. The applicant had already deposited the alleged amount. No amount of the Finance Company is outstanding against him. The total disputed amount between the parties is Rs.1,33,007/-. The applicant along with another co- accused Pankaj Kumar were named. In compliance of the earlier order, the applicant had deposited a demand draft bearing draft no. 093919 dated 6.1.2025 of Punjab and Sind Bank amounting to Rs. 70,000/- in favour of D.J.T. Financial Services Private Ltd. The court concerned has recorded the receipt of the said draft vide order dated 17.1.2025. It is next contended that the co-accused Pankaj has been granted bail by this court vide order dated 19.12.2024 passed in Criminal Misc. Bail Application No. 39497 of 2024. The applicant claims parity. At present, no dispute survives between the applicant and the informant. Further, the applicant is in jail since 27.9.2024, having no criminal history and if he is released on bail, he will not misuse the said liberty. 6. Learned AGA for the State has opposed the prayer for bail but could not dispute the aforesaid facts. 7. Having heard counsel for the parties and having perused the record this Court prima facie finds that the offences alleged are triable by Magistrate of first class. Further, the dispute pertains to an amount of Rs.1,33,007/-. The applicant along with another co- accused Pankaj Kumar was named. The applicant has deposited a demand draft bearing draft no. 093919 dated 6.1.2025 of Punjab and Sind Bank amounting to Rs. 70,000/- in favour of D.J.T. Financial Services Private Ltd. before the court concerned. Identically placed co-accused Pankaj has been granted bail by this court. Moreover, the applicant has no criminal antecedents and has remained confined for more than three months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 8. Let the applicant- Vikas, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 9. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. 10. The informant is at liberty to receive the aforesaid demand draft from the concerned court. The receipt of the amount shall not prejudice the defence of the applicant in the trial. Order Date :- 23.1.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad