HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 4379 of 2025 Court No. - 27 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicant, Sri S.B. Pandey, learned Deputy Solicitor General/Senior Advocate assisted by Sri Varun Pandey, Central Government Counsel, Sri Piyush Kumar Singh, learned A.G.A. appearing for the State and Sri Brijesh Singh Vishen, learned counsel for the complainant. 2. The instant bail application has been filed by the applicant with a prayer to release him on bail in Case Crime No. 635 of 2020 u/s 409, 420, 467, 468, 471, 120-B I.P.C., Police Station- Gomti Nagar, District- Lucknow. 3. In pursuance of earlier order, Sri S.B. Pandey has produced a letter dated 15.09.2025 issued by Mr. Vipin Verma, Dy. Director, U.I.D.A.I., Regional Office, Lucknow, which is taken on record. Sri S.B. Pandey submits that on the basis of finger prints, credentials of the concerned person are not traceable from Central Identities Data Repository (C.I.D.R.). 4. Learned counsel for the applicant submits that the applicant, who is in jail since 17.10.2020, has falsely been implicated in the present case and charge-sheet was filed on 29.05.2021. He further submits that the applicant has been implicated in 226 cases of identical allegations, out of which, he has been enlarged on bail in 140 cases. He next submits that the applicant is ready to cooperate in the trial and as the charge has not been Versus Counsel for Applicant(s) : Desh Mitra Anand, Prateek Rawat, Utkarsh Anand Counsel for Opposite Party(s) : G.A., Brijesh Singh Vishen, Rohit Tripathi Amitabh Kumar Srivastava @ Amitabh Srivastava .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. .....Opposite Party(s) framed till date, he may be enlarged on bail. 5. On the other hand, Sri Piyush Kumar Singh, learned A.G.A. as well as Sri Brijesh Singh Vishen, learned counsel for the complainant vehemently opposes the prayer for bail. They jointly submit that the applicant was confined in Varanasi and he was not produced before learned trial Court, hence, the charge could not be framed against him. Learned A.G.A. also submits that learned trial Court has informed vide its letter dated 12.09.2025 that the charge-sheet was filed against the applicant on 29.05.2021, after which, the charge-sheet was filed by Economic Offences Wing against Aashif Nasim, Izhar Ansari, Vikram Singh Yadav, Gyan Prakash Upadhyay, Ravikant Tiwari and one absconded accused- Rashid Nasim who has been declared as fugitive, and the documents under Section 207 Cr.P.C. has already been provided to the applicant and next date, i.e., 18.09.2025 is fixed for framing the charge. 6. Considering the submissions of learned counsel for the parties and perusing the aforesaid letter dated 12.09.2025, F.I.R. as well as other relevant documents, it is evident that the applicant is in jail since 17.10.2020 and the charge-sheet was filed against him on 29.05.2021, but the charge has not been framed till date. Therefore, the applicant is entitled for bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant- Amitabh Kumar Srivastava @ Amitabh Srivastava, who is involved in aforementioned case crime, be released on bail on his furnishing a personal bond of Rs. 25,000/- and two sureties each in the like amount, subject to following conditions: (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) 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. BAIL No. 4379 of 2025 2 (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) 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./269 B.N.S. (v) 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./84 B.N.S.S. may be issued and if 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./209 B.N.S. (vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. The presence of Mr. Veer Bahadur Dubey, Sub Inspector, Police Station- Sarojini Nagar, District- Lucknow is hereby dispensed with. 11. The trial Court shall conclude the trial expeditiously without giving any unnecessary adjournment to either of the parties. September 15, 2025/Arpan BAIL No. 4379 of 2025 3 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench