Neutral Citation No. - 2025:AHC-LKO:27367 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 987 of 2025 Applicant :- Prakhar Mishra @ Avnendra Kumar Mishra @ Annu Mishra Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Civil Sectt. Lko Counsel for Applicant :- Kuldeep Prakash Counsel for Opposite Party :- G.A.,Ekramul Hasan Siddiqui,Shoeb Jamal Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of opposite party-State and Mr. Shoeb Jamal, learned counsel for informant. 2. On 08.04.2025, the following order had been passed:- "1. Heard learned counsel for applicant, learned A.G.A. for State-opposite party and learned counsel for complainant/ informant whose counter affidavit filed today is taken on record. 2. This first bail application has been filed with regard to Case Crime No.1239 of 2018 under Sections 406, 420, 467, 468, 471, 504, 506 IPC, Police Station Thakurganj, District Lucknow. 3. As per contents of FIR, the applicant is instrumental in deceitfully introducing the informant of purchasing his property which was in fact already mortgaged to the Bank concerned. 4. Learned counsel for the applicant, on the basis of instructions, submits that he is ready and willing to return the amount which is due to the informant. For this purpose, he is ready to submit a bank draft of Rs.11,40,000/- and seeks one month's time for the same. 5. Learned counsel for the complainant does not have any objection with regard to the same. 6. Considering aforesaid submission by learned counsel for parties, list this matter on 09.05.2025 at 2:15 P.M., on which date, learned counsel for the complainant would produce a bank draft drawn in favour of the informant for a sum of Rs.11,40,000/-." 3. In pursuance thereof, learned counsel for applicant has filed supplementary affidavit which is taken on record. He has also produced a Bank Draft dated 05.05.2025 drawn in favour of informant on Punjab National Bank bearing no.XAH 491018 for a sum of Rs.11,40,000/-, which has been received by learned counsel for informant. It has been submitted by learned counsel for informant that although informant has already paid off the entire loan to the Bank for which property had been mortgaged, but the original titles would be returned only to applicant. 4. Learned counsel for applicant in response thereto, on the basis of instructions, submits that applicant would file an application for return of original title deeds which would thereafter be given to informant within a period of two months for which purpose the application for return of title deeds would be submitted by applicant within a period of one week from the date he is released. 5. Considering aforesaid facts and circumstances and the above undertaking given by applicant as well as undertaking that he would cooperate during course of trial, without expressing any opinion on merits of the case, this Court finds, the applicant is entitled to be released on bail in this case. 6. Accordingly bail application is allowed. 7. Let applicant Prakhar Mishra @ Avnendra Kumar Mishra @ Annu Mishra, involved in Case Crime No.1239 of 2018 under Sections 406, 420, 467, 468, 471, 504, 506 IPC, Police Station Thakurganj, District Lucknow be released on bail on his/her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant shall file an undertaking to the effect that he/she 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/her 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/her 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/her, 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/her in accordance with law. Order Date :- 9.5.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench