Neutral Citation No. - 2025:AHC-LKO:26591 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3905 of 2025 Applicant :- Harun Opposite Party :- State Of U.P. Thru. Principal Secretary Home Lko Counsel for Applicant :- Vishnu Kumar Srivastava,Siddharth Tripathi Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of the State and perused the record. 2. This first bail application has been filed with regard to Case Crime No.592 of 2024, under Sections 318(4), 338, 336(3), 340(2), 316(2), 351(2), 3(5), 61 BNS, registered at P.S.- Shushant Golf City, District -Lucknow. 3. As per contents of First Information Report, allegation levelled is that the informant was deceived in payment of substantial amount of money for the purposes of employment oversea. It is alleged that although the nominated person sent the applicant to Kirgistan but no employment or any residential accommodation was provided to him thereby cheating the informant. 4. 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 there is no specific allegation levelled against the applicant of having made any promise or receiving any amount from the informant. It is submitted that entire gist of allegation has been levelled against the co-accused Aaysha. It is further submitted that in fact the applicant is the only employee of Company and has nothing to do with the allegation levelled against him. 6. Learned A.G.A. has opposed the bail application with the submission that during the course of investigation it appears that some amount in cash was also paid to the applicant. It is however admitted that the applicant does not have any previous criminal history. 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 has been nominated in the FIR but there is no allegation levelled against him in the entire averments. The main gist of allegation appears to be levelled against co-accused Aaysha. The applicant without any previous criminal history is in jail since 21.03.2025 and undertakes to cooperate during investigation. 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, Harun 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 :- 7.5.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench