Neutral Citation No. - 2025:AHC-LKO:2834 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 400 of 2025 Applicant :- Pankaj Kumar Pathak Opposite Party :- State Of U.P. Thru. Addl. Chief Prin. Secy. (Home) Lko. Counsel for Applicant :- Nadeem Murtaza,Snigdha Singh,Wali Nawaz Khan Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Nadeem Murtaza, learned counsel for the applicant and Sri Arun Kumar Verma, learned AGA for the State. 2. As per learned counsel for the applicant, the present applicant is in jail since 08.12.2024 in Case Crime No.824 of 2024, under Sections 409 & 420 IPC, Police Station – Dewa, District – Barabanki. 3. Learned counsel for the applicant has drawn attention of this Court towards the impugned FIR wherein the alleged date of incident has been indicated as 21.11.2023 but the FIR has been lodged on 02.12.2024 without explaining the delay. In the FIR, allegations have been levelled against 13 accused persons including the present applicant. As per the impugned FIR, the complainant has given/ paid a sum of Rs.51,000/- to the Company of the present applicant for getting a piece of land whereas he was to pay a sum of Rs.1,09,500/-, as per detail so indicated in Annexure No.5 of the bail application. Sri Murtaza has stated on the basis of specific instructions from his client that the applicant is ready and willing to provide a piece of land to the informant after his fulfilling all the required conditions and making remaining payment. He has also submitted that the present applicant is willing to settle the dispute with the informant. Sri Murtaza has stated that 12 FIRs of similar nature have been lodged against the present applicant and in some cases, the applicant has got interim orders and in other cases, no relief has been granted to him till date. The aforesaid criminal history has been explained in para-22 of the bail application. Sri Murtaza has shown copy of the interim orders being granted by the Division Bench of this Court in favour of the present applicant and others. 4. Sri Murtaza has further submitted that investigation is pending and if the applicant is released on bail, he shall cooperate in the investigation and if charge sheet is filed against him, he shall cooperate in the trial proceedings and shall not misuse the liberty of bail. As soon as the applicant comes out from jail, he himself shall approach the informant and will try to settle the dispute as per his undertaking so given before this Court. 5. Learned A.G.A. has, however, opposed the prayer for bail but he could not dispute the aforesaid submissions of learned counsel for the applicant. 6. Without entering into merits of the issue; considering the arguments of learned counsel for the parties; contents and allegations of the FIR; the fact that there is inordinate unexplained delay in lodging the FIR; undertaking of the applicant that he is ready and willing to provide a piece of land to the informant after his fulfilling all the required conditions and making remaining payment and as soon as the applicant comes out from jail, he himself shall approach the informant and will try to settle the dispute; criminal history of the present applicant has been explained in para-22 of the bail application and undertaking of the applicant that he shall cooperate in the investigation and if charge sheet is filed against him, he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail. 7. Accordingly, the bail application is allowed. 8. Let applicant- Pankaj Kumar Pathak be released on bail in the aforesaid case crime number 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:- (i) 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. (ii) 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. (iii) 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, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. (iv) 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. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. (v) The applicant shall not leave India without previous permission of the court. [Rajesh Singh Chauhan,J.] Order Date :- 16.1.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench