Neutral Citation No. - 2025:AHC-LKO:14984 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2169 of 2025 Applicant :- Vishal Rao Chandel Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ruby Choudhary Counsel for Opposite Party :- G.A.,Shashank Singh Hon'ble Shree Prakash Singh,J. Vakalatnama filed today by Shri Shashank Singh, learned counsel on behalf of the complainant is taken on record. Heard learned counsel for the applicant, 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. 439 of 2024, under section 406, 409, 420, 504, 506 of IPC, P.S.- Gazipur, District - Lucknow. The contention of learned counsel for the applicant is that the amount which is said to be given in lieu of purchase of plot, a part of the same is written back to the complainant and the rest of the amount will be given within a period of nine months. She added that the parties have entered into an agreement which is appended at page 91 to 94 of this bail application, wherein the aforesaid terms and conditions are fixed. He also added that there is no criminal intent to commit any offence but under some circumstances the property could not be transferred to the complainant and now the issue has amicably been settled between the parties. Further submission is that the applicant has a case criminal history and he is languishing in jail since 02.06.2024. 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. Shri Shashank Singh, learned counsel appearing for the complainant has supported the version of learned counsel for the applicant and submits that he has received some partial amount in furtherance to the compromise and it has been undertaken by the applicant that he will pay the rest of the amount within night and therefore, he has no objection if the applicant is being released on bail. Learned AGA appearing for the State has opposed the contentions aforesaid and submitted that he has no objection. The parties have settled their dispute with respect to some transactions in lieu of transfer of the property. Having heard learned counsel for the parties and after perusal of material placed on record particularly the agreement entered into between the parties regarding the amount to be repaid to the complainant and further the other bonafides, this Court find it a fit case for bail; the applicant is languishing in jail since 02.06.2024; 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. 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- Vishal Rao Chandel 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. Order Date :- 11.3.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench