Neutral Citation No. - 2025:AHC-LKO:19621 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2957 of 2025 Applicant :- Vikram Yadav @ Vikram Rajbali Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home) Govt. Of U.P. Lko. Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for the applicant and learned Additional Government Advocate appearing on behalf of State while power on behalf of complainant has been filed by Mr. Ishan Kumar Gupta, Advocate, which is taken on record. 2. 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.0438 of 2024, under Sections 316(2), 318(4), 319 (2), 338, 336(3), 340(2), 352, 351(3), 61(2) B.N.S., P.S.-Thakurganj, District Lucknow. 3. 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 submits that except apart the allegation, there is no evidence against the applicant that he has ever taken any amount in lieu of providing a job in ISRO. He added that the amount is credited in the account of the co-accused, namely, Rahul and Mukesh and thus, the applicant is no way beneficiary. Further submission is that there is one case criminal history of the applicant, which has been explained in paragraphs 17 and 18 of the bail application and the applicant is languishing in jail since 14.02.2025 and in case, the applicant is granted bail, he will not misuse the liberty and would co- operate in the trial proceedings. 4. On the other hand, learned counsel for the complainant has opposed the prayer and submits that the applicant is a key player in this case and the complainant has given amount in the account of other co-accused and the applicant has also taken amount and then the complainant was taken for medical examination. 5. Learned A.G.A. for the State has also supported the version of the complainant but he has failed to demonstrate that any amount has ever been incredited in the account of the applicant. On the basis of instructions, he has also failed to demonstrate that there is any criminal history of the applicant. 6. Having heard the learned counsel for the parties and after perusal of record, it transpires that there is only oral allegation that the applicant is a key player and prima facie, it is evident that no amount has ever been credited in the account of the applicant; there is one case criminal history of the applicant, which has been explained in the bail application; the applicant is languishing in jail since 14.02.2025 and he has undertaken that he will not misuse the liberty of bail if granted and would co-operate in the trial proceedings. 7. 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. 8. Let the applicant Vikram Yadav @ Vikram Rajbali 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. 9. 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. 10. 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 :- 8.4.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench