Neutral Citation No. - 2025:AHC-LKO:3321 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2683 of 2023 Applicant :- Vijay Kumar Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Rajiv Raman Srivastava,Krishna Kumar Verma,Rajesh Kumar Kashyap,Rajesh Kumar Pal Hon'ble Shree Prakash Singh,J. Personal affidavit of the present applicant from jail is placed before this Court and is taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The second 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. 480 of 2021, under sections 409 and 420 of IPC, P.S.- Madiyoan District - Lucknow. 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 in fact the applicant admits that he had taken the amount, but under unavoidable circumstances, he could not got purchased the Registry of the house and though, he is ready to pay back the amount to the person concerned. He submits that the applicant has placed the personal affidavit and he has specifically stated in paragraph nos. 6 to 9 of the personal affidavit that he will return back the amount which was taken by him on different dates started from 2018. He submits that he will repay the amount in question within a period of six months. He added that there was no mensria to commit any offence and the action of the present applicant is bonafide and the applicant has no previous criminal history as is mentioned in paragraph no. 17 of the affidavit filed in support of the bail application and he is languishing in jail since 26.10.2021 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. Per contra, learned counsel appearing for the complainants has opposed the contentions aforesaid on merits and submits that the applicant has committed cheat & fraud and as such, he is not entitled for any relief, but to some extent the complainants are agreed that if the amount will be paid within a period of six months, she has no objection and also if this Hon'ble Court may be pleased to put the condition that if the aforesaid amount is not paid within specified period of time then the complainants may at liberty to file the cancellation of bail application. Learned AGA appearing for the State has supported the version of counsel for the complainant. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant has submitted personal affidavit whereby, specifically stating in paragraph nos. 6 to 9 that he will return the amount which he had taken inlieu of getting purchased the house. This Court has also noticed the fact that the applicant has no previous criminal history as is mentioned in paragraph no. 17 of the affidavit filed in support of the bail application and he is languishing in jail since 26.10.2021 coupled with the fact that the applicant has undertaken that he will return back the amount to complainants, within period of six months and in case, he is granted bail, he will not misuse the liberty of same and would cooperate in the trial proceedings. 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- Vijay Kumar Yadav 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. It is provided that the counsel for the complainants is at liberty to move cancellation of bail application if, the amount will not be paid to them, within a period of six months from the date, the applicant is released from jail. 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 :- 8.1.2025 Mayank Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench