Neutral Citation No. - 2025:AHC-LKO:13455 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1985 of 2025 Applicant :- Anmol Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Rahul Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, the learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with a prayer to release the applicant on bail during the trial in Case Crime No. 84 of 2024, under Sections 419, 420, 409 I.P.C., P.S.- Kotwali, District - Raebareli. It is contended by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case. He further submits that present F.I.R. was lodged while preferring application under Section 156(3) Cr.P.C. and there is no specific allegation against the applicant that he has committed cheat and fraud. He further submits that the applicant had earlier moved a writ petition bearing Criminal Misc. Writ Petition No.212 of 2025 wherein following order was passed on 20.1.2025:- "1. Heard learned counsel for petitioner and learned A.G.A. for the State. 2. Learned counsel for the petitioner submits that the petitioner wants to settle the dispute through mediation, therefore, he prays that the matter may be referred to the Mediation & Conciliation Centre of this Court. To show the bona fide, learned counsel for the petitioner submits that petitioner is ready and willing to place before this Court a demand draft of Rs.30,000/- in favour of opposite party no.4 on the next date. 3. On his request, list this case on 24.01.2025. 4. Learned counsel for the petitioner is directed to deposit the bank demand draft of Rs.30,000/- before the Senior Registrar of this Court in the name of opposite party No.4 by the next date of listing." Referring aforesaid, he submits that the applicant himself was ready to repay back the amount of Rs.30,000/- and he got prepared the demand draft bearing no.760102 on 24.1.2025 for an amount of Rs.30,000/- copy of which is appended at page 42 but in the meantime, the police has arrested him though he is still ready to pay the said amount. He further submitted that matter, if any, is with respect to bouncing of the cheque, for which, remedy lies elsewhere. He added that charge sheet has been filed as such there is no possibility of his fleeing away or tampering the evidence. Further submission is that there is no criminal history of the applicant, which has been explained in para 24 of the bail application and the applicant is languishing in jail since 28.1.2025 and in case, the applicant is granted bail, he will not misuse the liberty and would co-operate in the trial proceedings. Per contra, learned A.G.A. vehemently opposed the prayer of bail and submitted that the applicant is involved in committing the aforesaid offence, as such, he is not entitled to be released on bail. Having heard the learned counsel for the parties and after perusal of record, it transpires that the applicant is ready to repay the amount of Rs.30,000/-; there is no criminal history of the applicant, which has been explained in para 24 of the bail application; the applicant is languishing in jail since 28.1.2025; and he has undertaken that he will not misuse the liberty of bail if granted and would co-operate 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 case of bail. Let the applicant Anmol Tiwari 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 further provided that the applicant shall pay the amount of Rs.30,000/- to the informant within a week, from the date of his release from jail, failing which the informant is at liberty to move cancellation of bail application. Order Date :- 5.3.2025 Ram Murti Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench