Neutral Citation No. - 2025:AHC-LKO:15133 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2196 of 2025 Applicant :- Rahul Zonwal Opposite Party :- The State Of U.P. Thru. Its Principal Secy. Home Deptt. Lko. Counsel for Applicant :- Hari Krishna Verma,Aditya Nishad,Himanshu Tiwari Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Himanshu Tiwari, learned counsel for the applicant and Sri Hari Shanker Maurya, learned Additional Government Advocate for the State. 2. As per learned counsel for the applicant, the present applicant (Rahul Zonwal) is languishing in jail since 30.01.2025 in Case Crime No.196 of 2024 under Sections 111(2)(II), 318(4) of Bharatiya Nyaya Sanhita, 2023 (in short B.N.S) and Sections 43 & 66C of I.T. Act, Police Station- Cyber Crime, District- Lucknow. He has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story. 3. Attention has been drawn towards impugned FIR which was lodged on 22.11.2024 for the alleged incident dated 05.06.2024 without explaining the delay of more than four months. Further attention has been drawn towards FIR wherein the informant, who is the employee of the company in the name of Aegis Customer Support Services Pvt. Ltd., levelled allegation against the present applicant, who is also an employee of the company serving on the post of 'Executive Operations'. As per allegation, the present applicant and other co-accused persons with the conspiracy of customers have caused loss to the company to the tune of Rs.79,83,036/-. It has been admitted in the FIR that the aforesaid illegal and fraudulent act of the present applicant and other co-accused persons came into the notice of the company in the month of July, 2024 and again on 19th August, 2024, but no prompt FIR has been lodged against the present applicant. Learned counsel has further submitted that the present applicant was relieved from the office on 11th November, 2024, as Annexure No.2 is a letter of the company issued to the present applicant, therefore, it is clear that when the present applicant was very much in the service of the company, no FIR was lodged and even after relieving him from service on 11th November, 2024, the FIR has been lodged on 22nd November, 2024 for the reasons thus known to the informant/complainant. Learned counsel for the applicant has further stated that the present applicant is not beneficiary of the amount so indicated in the FIR, inasmuch no amount has been credited in the account of present applicant nor there is any material or evidence to show that the present applicant received any amount from any customer. Learned counsel has also stated that if the alleged fraudulent act has been committed by the applicant with the conspiracy of some customers, then the names and details of those customers must have been indicated in the FIR and those customers must have been implicated in the array of accused persons, but none of the customers have been implicated in the FIR. Besides the job, which has been alleged for the applicant was not being discharged by him, however, all these things are subject matter to the investigation, inasmuch as the investigation is going on. The present applicant is having no prior criminal history of any kind whatsoever. He undertakes that he shall not misuse the liberty of bail, if so granted by this Court, and shall cooperate in the investigation properly. 4. Learned Additional Government Advocate has, however, opposed the prayer for bail but he has not disputed the aforesaid submission of learned counsel for the applicant. 5. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that the present applicant is not beneficiary of the amount so indicated in the FIR, inasmuch no amount has been credited in the account of present applicant nor there is any material or evidence to show that the present applicant received any amount from any customer; the present applicant is having no prior criminal history of any kind whatsoever; and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and he shall cooperate in the investigation, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail. 6. Accordingly, the instant bail application is allowed. 7. Let the applicant (Rahul Zonwal) be released on bail in the aforesaid case crime number on his furnishing a personal bonds and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant immediately after released from the jail, shall appear before the Investigating Agency within three days from his release to cooperate in the investigation and shall further cooperate in the investigation till completion of the investigation and filing of the police report. (ii) applicant shall appear before the Investigating Officer to cooperate in the investigation and shall further remain present to cooperate in the investigation as and when the Investigating Team calls them to appear and if the charge-sheet is filed against them they shall cooperate in the trial proceedings properly and shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iii) The applicant 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 IPC/269 of the B.N.S., 2023. (iv) 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./84 of B.N.S.S., 2023 is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC/208 of the B.N.S., 2023. (v) 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./351 of B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. The present applicant shall not leave the country without prior permission of the Court. Order Date :- 12.3.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench