Neutral Citation No. - 2025:AHC-LKO:4012 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6442 of 2024 Applicant :- Ashok Yadav Opposite Party :- The State Of U.P. Counsel for Applicant :- Himanshu Tiwari,Bhola Singh Patel,Pravin Kumar Verma,Sunita Dwivedi Counsel for Opposite Party :- G.A.,Beant Singh,Vivek Kumar Verma Hon'ble Shree Prakash Singh,J. 1. Supplementary affidavit filed today by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant, Shri Beant Singh, learned A.G.A. for the State and perused the record. 3. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 069 of 2023, under sections 420, 427, 467, 468 and 471 of IPC, P.S.- Indira Nagar, District - Lucknow. 4. The contention of learned counsel for the applicant is that an amount of Rs.22,00,000/- were taken by the applicant in lieu of some money transactions and the applicant has bonafidely paid Rs.5,00,000/- prior he was sent to jail. He submits that the applicant is still ready to pay the rest of amount Rs.17,00,000/- with interest, to the complainant within a period of two months. 5. In support of his contention he has drawn attention towards the affidavit dated 07.01.2025, which is sworn in by the applicant himself. He added that the affidavit has specifically stated that he will repay the amount within two months as is mentioned in paragraph 3 of the supplementary affidavit. Further the applicant is languishing in jail since 22-03-2024 and he has undertaken that in case, he is granted bail, he will not misuse the liberty of same and would cooperate in the trial proceedings. 6. On the other hand, learned counsel for the complainant though has opposed the matter on merits but he has no objection if the amount is repay back to the complainant within a period of two months. He also submits that he may be given liberty to move an application for cancellation of bail if the said amount is not paid within a period of two months. 7. Learned AGA appearing for the State has no objection on the above said contentions. 8. In view of above and considering the specific statement made by the applicant in the supplementary affidavit that he will repay the amount of Rs.17,00,000/- within a period of two months, this Court finds it to be a fit case of bail 9. Let the applicant- Ashok Yadav involved in the aforementioned crime 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:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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. He 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; (3) 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.; and (4) 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. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. 10. It is provided that an amount of Rs.17,00,000/- is not paid to the complainant/ informant as is stated in the paragraph 3 of the supplementary affidavit, the complainant/ informant has liberty to move an application for cancellation for bail. [Shree Prakash Singh,J.] Order Date :- 21.1.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench