Neutral Citation No. - 2025:AHC-LKO:4391 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 449 of 2025 Applicant :- Chaman Lal Diwakar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Prakhar Misra Counsel for Opposite Party :- G.A.,Kuldeep Srivastava Hon'ble Rajesh Singh Chauhan,J. 1.Heard Sri Prakhar Mishra, learned counsel for the applicant, Sri Arun Kumar Verma, learned Additional Government Advocate for the State. 2. However, Sri Kuldeep Srivastav, learned counsel has appeared on behalf of the opposite party No.4 i.e. Directorate of Enforcement (E.D.). 3. In view of the proposed order, the notice to opposite party No.3 is hereby dispensed with. 4. As per learned counsel for the applicant, the present applicant (Chaman Lal Diwakar) is in judicial custody with effect from 09.12.2024 in Case Crime No.0714 of 2021, under Sections 409, 420, 467, 468, 471 and 120-B I.P.C., Police Station-Gomti Nagar, District-Lucknow. 5. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story. 6. Attention has been drawn towards the impugned First Information Report (in short F.I.R.) wherein the present applicant is not named. In the F.I.R., no allegation has been levelled against the present applicant. 7. Learned counsel for the applicant has submitted that the Economic Offences Wing (EOW) has filed the Charge-sheet on 04.01.2025 alleging that the present applicant is a Director of Shine City Erector Private Limited. Sri Mishra has further submitted that the present applicant has nothing to do with the Shine City, though he has sold out his one piece of land to the Shine City to the tune of Rs.2.80 crores approx. He has stated that the said sale-deed is not a part of Case Diary. 8. Learned counsel for the applicant has further submitted that despite the present applicant being innocent person has been implicated in so many cases relating to Shine City and in those cases either he has been enlarged on regular bail or has been granted an anticipatory bail. Those orders have been annexed with this bail application collectively as Annexure No.6. The present applicant has not misused the liberty of bail or anticipatory bail and is abiding by all terms and conditions of bail orders. 9. Sri Kuldeep Srivastava, learned counsel for the opposite party No.4 (ED) has stated that investigation of ED is going on so till conclusion of the investigation he has nothing to say. 10. Learned counsel for the applicant has therefore stated that the charge-sheet in the base case has already been filed, investigation of ED is pending consideration wherein the present applicant is co-operating, in other similar cases he has been enlarged on bail or has been granted anticipatory bail, he is abiding by the conditions of bail orders and he is having permanent address, therefore, there is no flight risk. He has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court, and shall abide by all terms and conditions of the bail order and shall cooperate in the investigation/ trial proceedings properly. 11. Learned counsel for the opposite parties oppose the aforesaid prayer for bail of the present applicant by submitting that since the role of the present applicant was found in the commission of crime, therefore, he is not entitled for grant of bail, but he could not dispute the aforesaid submission of learned counsel for the applicant. 12. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that the charge-sheet in the base case has already been filed, investigation of ED is pending consideration wherein the present applicant is co-operating, in other similar cases he has been enlarged on bail or has been granted anticipatory bail, he is abiding by the conditions of bail orders and he is having permanent address, therefore, there is no flight risk; undertaking that the present applicant shall not misuse the liberty of bail, if so granted by this Court, and shall abide by all terms and conditions of the bail order and shall cooperate in the investigation/ trial proceedings properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail. 13. Accordingly, the instant bail application is allowed. 14. Let the applicant (Chaman Lal Diwakar) 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 IPC/269 of the B.N.S., 2023. (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./84 of B.N.S.S., 2023 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 IPC/208 of the B.N.S., 2023. (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./351 of B.N.S.S., 2023. 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. The present applicant shall not leave the country without prior permission of the Court. . [Rajesh Singh Chauhan,J.] Order Date :- 23.1.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench