Neutral Citation No. - 2025:AHC-LKO:11195 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1370 of 2025 Applicant :- Ankit Ajey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Sumit Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Supplementary affidavit filed today by counsel for the applicant is taken on 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. 0042 of 2024 under sections 409 and 420 of IPC, P.S.- Kunda District - Pratapgarh. The 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 submits that the applicant is ready to repay back the amount Rs. 1,58,300/- to the bank concerned and the bank may be directed to accept the same, within a period of thirty days from the date the applicant is released from jail. He added that the applicant has no previous criminal history as is mentioned in paragraph no. 11 of the affidavit filed in support of the bail application and he is languishing in jail since 25.12.2024 and he undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Learned counsel appearing for the State though has opposed the contentions on merits, but he has no objection if the applicant is ready to repay back the amount to the bank. 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 25.12.2024; the applicant has no previous criminal history as is mentioned in paragraph no. 11 of the affidavit filed in support of the bail application; prima facie, there is no cogent piece of evidence against the applicant so as to connect him with the offence coupled with the fact that the applicant has undertaken that in case, he is granted bail, he will not misuse the liberty of same and would cooperate in the trial proceedings and further he has also undertaken that he will repay back the above-said amount in thirty days. Considering the submissions of learned counsels for the parties, 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- Ankit Ajey 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 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. It is directed that as undertaken by the applicant, he shall deposit Rs.1,58,300/- to the bank concerned, within the period of thirty days from the date of his release from jail, failing which, he shall surrender before the Chief Judicial Magistrate concerned, who shall send him jail. It is further provided that if the applicant deposit Rs. 1,58,300/-, the same shall be accepted by the bank in the account/head concerned. Order Date :- 20.2.2025 Mayank Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench