Neutral Citation No. - 2025:AHC-LKO:42382 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4637 of 2025 Applicant :- Vimlendra Maurya Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Narendra Pratap Mishra,Syed Raza Mehdi Counsel for Opposite Party :- G.A.,Ashish Kumar Hon'ble Karunesh Singh Pawar,J. 1.Heard learned counsel for the applicant, learned counsel for the complainant, Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that the accused applicant has taken Rs.7,30,000/- from the complainant and Rs.6 lacs from Shubham Gupta on the pretext of providing job. It is alleged that neither the job has been given nor the money has been returned. On demanding the money on 11.7.2024, they have been threatened by the accused applicant with life. 3.Learned counsel for the applicant submits that in fact, an application under section 156(3) CrPC was filed by Sachin Gupta against 12 persons. The applicant is not there. The money has been given to some other person(s). The offence is triable by Magistrate. The applicant has no previous criminal history. The applicant is in jail since 21.4.2025. 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. and complainant's counsel have opposed the prayer for bail. The complainant's counsel has submitted that the complainant is only concerned with the money which he has given to the accused applicant. 5.I have considered the submission of learned counsel for the parties. 6.As regards submission of the learned counsel for the complainant that the money of the complainant may be returned to him, at this stage and in this forum, it would not be appropriate for this court to indulge into such claim(s). The complainant can very well take recourse to civil remedies. 7.Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, 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. 8.Let the applicant Vimlendra Maurya, involved in Case Crime No.255 of 2024 under sections 318(4), 336(3), 338, 351(2), 352 BNS, P.S. Ferdhan, district Lakhimpur Kheri, 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). 9.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