Neutral Citation No. - 2025:AHC-LKO:3862 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 876 of 2022 Applicant :- Gyanendra Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Civil Secrtt. Lko. Counsel for Applicant :- Hemant Kumar Mishra,Arti Ganguly Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard Shri Hemant Kumar Mishra, learned counsel for the applicant, learned AGA 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. 55 of 2020, under Sections 420,409,506 IPC, Police Station- Gomti Nagar, District- Lucknow. From perusal of the order sheet, it appears that on 04.02.2022, following order was passed wherein the present applicant has been granted interim bail:- "Heard Sri Hemant Kumar Mishra, learned counsel for the applicant and Sri Nirmal Kumar Pandey, learned A.G.A through video conferencing and perused the record. Learned counsel for the applicant submitted that the applicant is ready to deposit the amount involved in the F.I.R. alongwith interest at the rate of 6%. He further submitted that some amount has been repaid to the complainant and he will deposit the remaining amount, which may be paid to the complainant. He further submitted that investigation has been completed and charge sheet has been filed. The applicant is in jail since 07.08.2021. He further submitted that the applicant has been granted conditional bail in identical case by a coordinate Bench of this Court by means of the order dated 13.12.2021 passed in Bail No.14228 of 2021(Gyanendra Singh versus State of U.P.). Learned A.G.A. vehemently opposed the prayer for bail but could not contradict the aforesaid submissions made by learned counsel for the applicant. Considering the above and the fact that the applicant is ready to pay the amount involved in F.I.R. alongwith interest and he has already been granted interim bail by a coordinate Bench of this Court on the condition of payment, this Court is of the view that the applicant is entitled to be released on interim bail. Let the applicant Gyanendra Singh be released on interim bail in FIR/Case Crime No.0055/2020, under Sections 420,409,506 IPC, Police Station-Gomtinagar, District-Lucknow on his furnishing personal bonds and two reliable sureties of equal amount each to the satisfaction of the court concerned with the following conditions:- (1) The applicant shall pay the agreed amount within 30 days from the date of release to the informant.He shall file an affidavit to this effect before this Court also before the next date. In case, the applicant does not pay the amount as undertaken and recorded above, the applicant shall surrender before the trial court on the 30th day of the date of release and if the applicant is in custody in other cases also, the date of payment of 30 days shall start from the date of actual release from the custody. ; (2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence, if 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; (3) 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; (4). In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fail 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. (5) 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law. 6) The applicant shall surrender his passport, if any. The question of final bail shall be considered after complying the abovesaid undertakings. List this case on 15.03.2022 for consideration of final bail." State counsel has failed to demonstrate that there are any adversarial facts which are pleaded in the bail application. This Court finds that the applicant was enlarged on interim bail after thorough considering the merits of the case. It has also not been pleaded by counsel for the State that the present applicant is not cooperating with the trial proceedings. In view of the aforesaid, the present bail application is hereby disposed of while extending bail to the applicant namely, Gyanendra Singh till disposal of the trial, subject to 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 :- 21.1.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench