Neutral Citation No. - 2025:AHC-LKO:8100 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1203 of 2025 Applicant :- Bal Keshav Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko Counsel for Applicant :- Sarojani Misra,Vivek Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Sri Ambrish Kumar Dwivedi, Advocate, has put in appearance by way of filing Vakalatnama on behalf of the complainant and the same is taken on record. Heard learned counsel for the applicant, Sri Ambrish Kumar Dwivedi, learned counsel for the complainant, learned A.G.A. 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.0321 of 2024, under sections 406, 419, 420, 467, 468, 471, 506 of the I.P.C.,Police Station-Kotwali Nagar, District-Barabanki. 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 added that the allegation in the first information report is that Rs. 10 Lac was allegedly provided by the complainant to the son of the applicant, who was about 14 years of age. He next added that the whole story of the prosecution is improbable as no one could believe that for getting appointments on the post of 'Clerks' in the railway department, a child having age of 14 years, would ensure the same. He submits that the incident is of the two years ago and no plausible explanation of delay in lodging the first information report is given. He next submits that the applicant has no previous criminal history and the first information report is lodged due to animosity and the applicant is a law abiding citizen and he is languishing in jail since 15-09-2024. Further submitted that the applicant undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Per contra, learned counsel for the complainant as well as AGA appearing for the State have opposed the contentions aforesaid and submitted that there are serious allegations against the applicant and as such, he is not entitled for any relief. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is languishing in jail since 15-09-2024; there is no previous criminal history of the applicant as has been explained in paragraph 33 of the bail application coupled with the fact that the applicant has undertaken that if he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Considering the submissions of learned counsel of both sides, 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. Let the applicant-Bal Keshav, 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 sufÏcient 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 :- 7.2.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench