Neutral Citation No. - 2025:AHC-LKO:42373 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4154 of 2025 Applicant :- Vinay Kumar Sharma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Katyayan Mishra,Anurag Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that the amount of Rs.5 lacs was received by the accused applicant under Rashtriya Krishi Vikas Yojana, however, Rs.3,55,313.40 which he was supposed to deposit in the fertilizer account of PCF/Samiti has not been deposited and the said amount has been usurped by him. 3.Learned counsel for the applicant submits that the applicant is the Secretary of the B. Pax Limited, Kishunpur, district Barabanki. He was not paid salary since 2019. Admission to this effect has been made by him in his application to the Circle Officer, Ram Nagar, Barabanki which has been filed along with the counter affidavit. The offence is triable by Magistrate. The applicant has no previous criminal history. The applicant is in jail since 13.1.2025. 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. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 5.Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, charge sheet has been filed, the offence is triable by Magistrate, 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 Vinay Kumar Sharma, involved in Case Crime No.416 of 2024 under section 316(5) BNS, P.S. Ram Nagar, district Barabanki 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