Neutral Citation No. - 2025:AHC-LKO:40983 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3506 of 2025 Applicant :- Mukteshwar Prasad Opposite Party :- Central Bureau Of Investigation Acb Lko. Counsel for Applicant :- Kaushal Kishore,Prabhat Kumar Counsel for Opposite Party :- Anurag Kumar Singh Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Prabhat Kumar, learned counsel for the applicant and Sri Anurag Singh, learned counsel for CBI. 2. The instant bail application has been filed on behalf of the applicant, Mukteshwar Prasad with a prayer to release him on bail during the trial in F.I.R. No.RC0062025A0004, under Sections 61(2) B.N.S. and Section 7 P.C. Act, 1988 (as amended 2018), Police Station CBI, ACB, Lucknow District Lucknow. 3. It is submitted by learned counsel for the applicant that the applicant is innocent and he has falsely been implicated in the present case. He further submitted that the role attributed to the present applicant is of tout, acting at the behest of Bank Manager, who has demanded the bribe. The Bank Manager, namely, Prince Kumar Gupta, has been granted bail by this Court on 27.06.2025 in Crl. Misc.Bail Application No. 2510 of 2025. He next submits that the case of the present applicant is covered with the judgment rendered by Hon'ble the Supreme Court in Neeraj Dutta vs. State (Government of NCT of Delhi), reported in (2023) 4 SCC 731. He also submitted that the charge sheet has been filed and as such, there is no possibility that the applicant would tamper the evidence. He added that the applicant would always remain present before the learned trial court as and when required. He also added that the applicant is languishing in jail since 22.02.2025 and has no previous criminal history. Further submits that in case the applicant is enlarged on bail, he will not misuse the liberty and will co-operate in the trial proceedings. Thus, submission is that the applicant may be enlarged on bail. 4. Per contra, Sri Anurag Kumar Singh, learned counsel for CBI has opposed the bail application by submitting that complicity of the present applicant has been found by the CBI, however, he has not disputed the fact that the Bank Manager Prince Kumar Gupta has been granted bail. 5. Having heard the learned counsel for the parties and after perusal of record, it transpires that the applicant is languishing in jail since 22.02.2025, who has no previous criminal history, and the charge sheet has been filed. Further, the applicant is a Bank Manager and there seems to be lesser possibility that he would flee away from the trial proceeding. Prima facie, there seems to be no direct demand of the bribe, and the demand appears to have been made through a tout. There is no possibility of conclusion of trial in near future and he has undertaken that he will not misuse the liberty of bail if granted and would co-operate in the trial proceedings. 6. Accordingly, the instant bail application is allowed. 7. Let the applicant (Mukteshwar Prasad) be released on bail in the aforesaid case crime number 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:- (i) The 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 him to appear and if the charge-sheet is filed against him he 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. (ii) 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. (iii) 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. (iv) 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 applicants shall not leave the country without prior permission of the Court. Order Date :- 17.7.2025 Reena/- Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench