Neutral Citation No. - 2025:AHC-LKO:8465 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 215 of 2025 Applicant :- Rajesh Kumar Yadav @ Rajesh Yadav Opposite Party :- State Of U.P. Thru. Secy. Deptt. Home Civil Sectt. Lko Counsel for Applicant :- Vinay Kumar Verma,Ankit Singh,Vinay Kumar Yadav,Yaduvansh Mani Singh Counsel for Opposite Party :- G.A.,Mohit Sharma,Mukul Kumar Sharma Hon'ble Shree Prakash Singh,J. Counter affidavit filed today by the State counsel is taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 338 of 2023, under Sections 406,420,467,468,471,120B IPC, Police Station- Hazratganj, District- Lucknow. In compliance of the order passed earlier, the applicant has placed a photocopy of the account's details wherein he has demonstrated that an amount of Rs. 1 lakh has been deposited/repaid back to the person concerned, which is taken on record. Contention of the counsel for the applicant is that from perusal of the allegation of the FIR, it transpires that Rs. 85 lakhs are said to be misappropriated, whereas an amount of Rs. 1 lakh is alleged against the present applicant, which has been repaid back. He also submits that the applicant has no previous criminal history and he is languishing in jail since 12.11.2024. He further submits that the applicant undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. The complainant present has also admitted that the amount aforesaid has been repaid back/deposited in two different accounts of the person concerned. In view of the aforesaid, this Court finds it a fit case for bail. Accordingly, the instant bail application is allowed. Let the applicant- Rajesh Kumar Yadav @ Rajesh Yadav involved in the aforementioned crime 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:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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. He 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; (3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and (4) 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, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 10.2.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench