Neutral Citation No. - 2025:AHC-LKO:40443 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4449 of 2025 Applicant :- Abhishek Rai Opposite Party :- Cbi/ Acb, Lko. Counsel for Applicant :- Akash Mishra,Pranjal Krishna,Shahla Zubair,Suhaib Ashraf Counsel for Opposite Party :- Aakash Prasad Hon'ble Rajesh Singh Chauhan,J. 1. Shri Aakash Prasad, learned counsel for the opposite party has filed counter affidavit and the same is taken on record. 2. Heard Shri Pranjal Krishna, learned counsel for the applicant and Shri Aakash Prasad, learned AGA for the opposite party. 3. The present applicant is in jail since 13.03.2025 in Crime no.RC0062025A0008 registered with Police Station CBI/ACB, Lucknow under Section 7 of the Prevention of Corruption Act, 1988. 4. Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged. 5. Learned counsel for the applicant has submitted that this is a trap case wherein a person namely Sharad Gautam, who is the cashier of the Bank, has not been arrested and one Chandra Shekhar, who is the sweeper of the Bank from whom the amount has been recovered, has not been made an accused in the present case. He has stated that both the aforesaid facts may be verified from the charge sheet. The present applicant is a Branch Manager in Baroda U.P. Bank, Sikhaula Branch, Azamgarhm U.P. His service record has been unblemished. He is having no criminal history of any kind whatsoever. Learned counsel for the applicant has further submitted that charge sheet has been filed under those sections where maximum punishment is under seven years and offence is triable by the Special Court. He has lastly submitted that the applicant also undertakes that if he is enlarged on bail, he shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order. 6. Per contra learned AGA has vehemently opposed the prayer for bail by submitting that during the course of investigation the culpability of the applicant has been found, therefore, on the basis of cogent evidence and material charge sheet has been filed against him. 7. Without entering into merits of the issue, considering the arguments of learned counsel for the parties; contents and allegations of the FIR; charge sheet has been filed and the offence under which charge sheet has been filed are triable by the Special Court having punishment upto seven years; the service record of the applicant is unblemished; the applicant has no prior criminal history and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail. 8. Accordingly, the bail application is allowed. 9. Let applicant- Abhishek Rai be released on bail in the aforesaid case crime number 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:- (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. may be issued and if 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. (v) The applicant shall not leave the country without previous permission of the Court. . (Rajesh Singh Chauhan, J.) Order Date :- 15.7.2025 Arnima Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench