Neutral Citation No. - 2025:AHC-LKO:41360 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3612 of 2025 Applicant :- Rana Nagesh Pratap Singh Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Ram Prakash Singh,Ravi Singh,Vivek Kumar Counsel for Opposite Party :- G.A.,Amritesh Kumar Tripathi,Yogendra Singh Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that the accused persons have taken Rs. 1 crore from the informant on 19.01.2019 and Rs. 45 lakhs on 14.2.2019 through RTGS in the account of Jai Shakti Realcon Private Limited Company assuring that he will return the same within two months. When the informant demanded his money on 14.1.2021, the accused persons while abusing intimidated him. Learned counsel for the applicant submits that the FIR has been lodged after a delay of about six years. No offence under Section 409 IPC is made out against the applicant. He is not named in the FIR nor in the first statement of the complainant given under Section 161 CrPC. His name has surfaced in the re- statement of the complainant which has been given approximately after two years of the lodging of the FIR. Learned counsel submits that in the re-statement of the complainant, it is evident that the money was given at 18% interest which is a case of recovery of money not criminal breach of trust. It is further submitted that the co-accused Kanishk Pratap Singh has been granted bail by the coordinate bench of this Court vide order dated 25.8.2022 passed in Criminal Misc. Bail Application No. 11882 of 2021. Hence, the present applicant seeks parity. Furthermore, the applicant has duly explained his criminal history in para no. 26 of the bail application and he is languishing in jail since 11.3.2025. Charge-sheet in the case has been filed. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the submissions advanced, perusal of the record, the bail order of the co-accused Kanishk Pratap Singh so also the fact that the applicant is not named in the FIR nor in the first statement of the complainant; the FIR has been lodged after a delay of about six years; the applicant has duly explained his criminal history in para no. 26 of the bail application and he is languishing in jail since 11.3.2025; charge-sheet in the case has been filed; the alleged offences are triable by a Magistrate and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail on the ground of parity. Accordingly, the bail application is allowed. Let the applicant- Rana Nagesh Pratap Singh involved in Case Crime No. 80 of 2021, under Sections 409, 504, 506, 120- B IPC, P.S.- Hazratganj, District- Lucknow, 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 which are being imposed in the interest of justice:- (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 in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. 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 209 of B.N.S. Order Date :- 18.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench