Neutral Citation No. - 2025:AHC-LKO:20344 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4379 of 2024 Applicant :- Saurabh Prakash Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Sectt. U.P. Lko. Counsel for Applicant :- Suyesh Pradhan,Vivek Chandra Counsel for Opposite Party :- G.A.,Amarjeet Singh,J.B. Singh Hon'ble Manish Mathur,J. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of State and Mr. Krishna Gopal learned learned counsel for complainant and perused the record. This second bail application has been filed with regard to case crime No. 284 of 2019, under Sections 420,467,468,471,406 IPC & Section 66 of I.T. Act, Police Station- Hargaon, District- Sitapur with first bail application bearing Criminal Misc. Bail Application No. 13818 of 2022 having been dismissed for want of prosecution vide order dated 10th January, 2024. On 23rd January, 2025 following order had been passed:- "Counter affidavit filed today by the State counsel is taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State, learned counsel for the complainant 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. 284 of 2019, under Sections 420,467,468,471,406 IPC & Section 66 of I.T. Act, Police Station- Hargaon, District- Sitapur. On 12.12.2024, the following order was passed: "Supplementary affidavit filed today by the learned counsel for the applicant is taken on record. While placing the supplementary affidavit, learned counsel for the applicant submits that the applicant is ready to give Rs. 53 lakhs to the informant. Learned counsel for the informant has pointed out that the applicant had absconded for three years and he could be arrested by the police in the year 2022. The aforesaid fact has been controverted by the learned counsel for the applicant and it is submitted that the final report was submitted and the matter was again transferred to the Crime Branch and for this period, the applicant could not appear, thus, it is not a case of absconding. In view of the above, the applicant is directed to file an affidavit while mentioning the facts as are mentioned in the supplementary affidavit dated 19.1.2024. The Jailer concerned shall ensure that the affidavit could be prepared by the applicant. List/put up this matter in the 1st week of January, 2025. Office is directed to communicate this order to the Jailer concerned." While passing the aforesaid order, the Jailer of the concerned jail was directed to ensure that the affidavit of the applicant would be prepared. Learned counsel for the applicant has placed supplementary affidavit which was signed by the applicant before the Jailer, District Jail, Sitapur and the same is taken on record. In the undertaking given in paragraph nos. 6 and 7 of the supplementary affidavit, it is stated that the applicant would repay back the amount of Rs. 53 lakhs which is allegedly misappropriated by him within the period of two months. Learned counsel for the complainant has opposed the matter on merit, but he has no objection that the applicant is ready to repay back the above- said amount. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the applicant- Saurabh Prakash involved in the aforementioned crime is hereby enlarged on interim 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) If the applicant does not repay back the above-said amount to the informant, he shall surrender before the Chief Judicial Magistrate concerned. (2) If any passport of the applicant is issued, that shall be forfeited and he shall not be allowed to go abroad. (3) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (4) 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; (5) 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 (6) 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. Office is directed to print the name of Shri J.B. Singh as counsel for the applicant in the next cause list. List/put up this matter on 24.03.2025 within top ten cases." Learned counsel for applicant submits that applicant is not touch with him while learned counsel for complainant submits that undertaking given in paragraph 6 and 7 of the supplementary affidavit has not yet been fulfilled and the amount of Rs. 53 lacs which was undertaken to be repaid has not yet been repaid. In view of aforesaid facts and circumstances, considering the condition of interim bail granted particularly condition No.1 of interim bail granted, the applicant is directed to surrender before Chief Judicial Magistrate concerned within a period of 10 days from today. The bail application is therefore rejected. Order Date :- 10.4.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench