JITENDRA YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT., LKO.
BAIL/2820/2025 · 2025-07-09
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 131224 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131224 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:38896 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2820 of 2025 Applicant :- Jitendra Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt., Lko. Counsel for Applicant :- Jiyauddeen,Bhupendra Veer Singh,Pawan Kumar Maurya Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.492 of 2024 under Section 409 IPC, Police Station Kotwali Sadar, district Lakhimpur Kheri. As per the prosecution case, the applicant, who was serving as the Branch Manager of Bharat Financial Inclusion Ltd., Lakhimpur Kheri, is alleged to have collected recovery amounts from 29 women belonging to different centers during the period from 11.12.2023 to 15.12.2023, totaling a sum of 3,01,352/-. However, instead of depositing the said ₹ amount in the branch, the applicant is alleged to have misappropriated the same.
Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The applicant has no criminal history. The offence is triable by Magistrate. The First Information Report has been lodged after delay of six months. Charge-sheet has been filed in this case. The applicant is in jail since 29.1.2025. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record.
On due consideration of the facts that the applicant is in judicial custody since 29.01.2025, the charge-sheet has been filed, the offence is triable by a Magistrate, the applicant has no criminal history, and without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Jitendra Yadav @ Jitendra Singh Yadav be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) 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. 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. (v) 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 of the Indian Penal Code (now Section 269 BNS). (vi) 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. (now Section 84 BNSS) 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 of the Indian Penal Code (now Section 209 BNS).
Order Date :- 9.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench