Neutral Citation No. - 2025:AHC-LKO:42292 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4058 of 2025 Applicant :- Kamruddin Jalaluddin Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. And Another Counsel for Applicant :- Anurag Tripathi Counsel for Opposite Party :- G.A.,Rakesh Kumar Agarwal,Saksham Agarwal Hon'ble Karunesh Singh Pawar,J. 1.Heard learned counsel for the applicant, learned counsel for the complainant, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that the accused applicant Kamruddin Jalaluddin son of Jalaluddin with an intent to cheat and defraud forged signatures of the representatives of Phenil Sugar Limited on an MOU and has received money from the informant by deceiving him, total amounting to Rs.38.5 lacs in an account and Rs.60 lacs in cash. 3.Learned counsel for the applicant submits that the applicant has explained criminal history of 8 cases in para 14 of the bail application, which are connected with the present dispute. Charge sheet has been filed. It is submitted that the applicant has indeed taken Rs.38.50 lacs from the complainant which was a pure business transaction. The offence is triable by Magistrate. It is next submitted that the applicant is ready to settle the matter with the complainant. The story cooked by the informant of giving Rs.60 lacs in cash is false. There is no material evidence placed by the informant to substantiate this version. The applicant undertakes to cooperate in the trial. The applicant is in jail since 17.8.2024. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 4.Learned A.G.A. and complainant's counsel opposed the prayer for bail. Learned A.G.A. submits that by committing forgery and by forging signature of the officers of the Sugar Company (supra) posing himself to representative of the Sugar Factory, the applicant has deceived and defrauded the informant. 5.Considering the facts and circumstances of the case, the fact that the applicant has explained the criminal history in the bail application, as noted above, the offence is triable by Magistrate, charge sheet has been filed, undertaking given on behalf of the applicant that he shall cooperate in the trial, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail. 6.Let the applicant Kamruddin Jalaluddin, involved in Case Crime No.0128 of 2024 under sections 419, 420, 467, 468, 471, 504, 506, 409, 204 I.P.C., P.S. Kotwali Hazratganj, 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 under Section 229-A I.P.C. (now 269 BNS) (vi) 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. (now 84 BNSS) 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 I.P.C. (now 209 BNS). 7.The application is allowed accordingly. Order Date :- 23.7.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench