Neutral Citation No. - 2025:AHC-LKO:1768 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 169 of 2025 Applicant :- Brajesh Kumar Awasthi Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko Counsel for Applicant :- Prateek Tewari,Vijay Nath Pandey Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. 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.37 of 2022, under sections 419, 420, 467, 468, 471, 120-B, 204, 506 IPC and 7-A PC Act, P.S.- SIT, District- Lucknow. 3. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the applicant is named in the FIR but the applicant is in no way beneficiary of the sale deed in question as he is neither vendor, vendee or marginal witness. He also added that the police without any cogent evidence has filed the charge-sheet against the applicant. He also added that the applicant in similar set of facts have been granted bail in Criminal Misc. Bail Application No.3470 of 2024 and in certain other matters as such he may be enlarged on bail by this Court. Further submits that the counsel appearing for the State could not dispute the fact that the applicant has been enlarged on bail in the matters of similar set of facts. He further submits that the present applicant is languishing in jail since 25.11.2022 and he undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. 4. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submitted that after thorough investigation, it was found that the applicant was involved in committing offence and as such, he is not entitled for any relief. 5. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the present applicant is not the beneficiary of the sale deed in question; the present applicant has been granted bail in similar set of facts; the present applicant is languishing in jail since 25.11.2022; prima facie, there is no cogent piece of evidence against the applicant so as to connect him with the offence coupled with the fact that the applicant has undertaken that in case, he is granted bail, he will not misuse the liberty of same and would cooperate in the trial proceedings. 6. Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. 7. Let the applicant- Brajesh Kumar Awasthi 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. 8. 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. 9. 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. [Shree Prakash Singh,J.] Order Date :- 9.1.2025 Mohd. Sharif/Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench