Neutral Citation No. - 2025:AHC-LKO:26926 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3870 of 2025 Applicant :- Pradeep Jaiswal @ Pradeep Kumar Jaiswal Opposite Party :- State Of U.P. Thru. Its Addl. Secy. Jome Lko. Counsel for Applicant :- Gyan Singh,Pranjal Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of the State and perused the record. 3. This first bail application has been filed with regard to Case Crime No.542 of 2024, under Sections 316(2), 318(4), 338, 336(3), 340(2), 351(3) BNS, registered at P.S.-Gomti Nagar, District -Lucknow. 4. As per contents of First Information Report, in which the applicant has not been nominated, entire gist of allegation has been levelled against one Ritik Awasthi and Meenakshi Singh of having deceived the informant into making substantial payments on the false pretext of providing illegal property for sale. Allegations levelled indicate that actual owner was in fact impersonated at the behest of said persons. 5. It has been submitted that the applicant has falsely been implicated in the charges levelled against him which would be evident from the fact that he is neither nominated in the FIR nor has any allegation been levelled against him. His name has been introduced only on the basis of alleged confessional statement of co-accused indicating the applicant to be partner in crime. It is submitted that the previous criminal history of the applicant has been explained and he is under incarceration since 27.10.2024. 6. Learned A.G.A. has opposed the bail application but does not dispute the said facts. 7. Upon consideration of submissions advanced by learned counsel for parties, perusal of material available on record and prima facie subject to further evidence being led during trial, it appears that the applicant is neither named in the FIR nor any allegation has been levelled against him and his name has been nominated only on the basis of alleged confessional of co- accused. The previous criminal history of the applicant has been explained. 8. Looking to the nature of allegations levelled against the applicant and submission made in the bail application, without expressing any opinion on the merits of case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, particularly since no reasonable apprehension of tampering with the witnesses has been alleged, prima facie, this Court finds, the applicant is entitled to be released on bail in this case. 9. Accordingly bail application is allowed. 10. Let applicant, Pradeep Jaiswal @ Pradeep Kumar Jaiswal involved in the aforesaid case 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 which are being imposed in the interest of justice:- (i) 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. (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 of the Indian Penal Code. (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. 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. (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. 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. Order Date :- 8.5.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench