Neutral Citation No. - 2025:AHC-LKO:35024 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5039 of 2025 Applicant :- Nikhil Tripathi Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. Counsel for Applicant :- Anand Kumar Srivastava,Ankit Gupta Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Vakalatnama filed by Sri Manish Kumar Tripathi, Advocate & Sri Aditya Vikram Singh, Advocate on behalf of the complainant are taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 3. The present bail application has been filed by the applicant in F.I.R. No. 61 of 2025, under Sections 318(4), 319(2), 336(3), 338, 340(2), 61(2) (a) BNS, Police Station Khargupur, District Gonda with the prayer to enlarge him on bail. 4. Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case. It is further submitted that there is no evidence available to the Investigating Officer and applicant is ready to cooperate in the investigation. It is also submitted that as per the prosecution case, amount of Rs.99,000/- was transferred from the account of Malti to the account of the applicant, except this there is no evidence against the applicant. It is next submitted that co-accused, Amit Kashyap has already been enlarged on bail vide order dated 29.5.2025 passed in Criminal Misc. Bail Application No.4810 of 2025. It is lastly submitted that in near future, there is no possibility of conclusion of trial and the applicant, who has no criminal antecedent, is in jail since 14.4.2025. In such circumstances, applicant is entitled for bail. It is also submitted that the applicant will never misuse the liberty of bail and shall fully cooperate in the investigation/trial. 5. Learned A.G.A. and learned counsel for the complainant oppose the prayer for grant of bail to the applicant and submits that applicant is kingpin of criminal incident and aforesaid amount was transferred in the account of firm of the applicant but he does not dispute this fact that co-accused, Amit Kashyap has already been enlarged on bail vide order dated 29.5.2025 passed in Criminal Misc. Bail Application No.4810 of 2025. 6. Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of F.I.R., bail order of the co-accused, Amit Kashyap as well as other relevant documents, I am of the view that the applicant is entitled to be released on bail. 7. Application stands allowed. 8. Let applicant - Nikhil Tripathi be released on bail on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall not commit an 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 office or tamper with the evidence. (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 IPC. (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. 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 IPC. (vi) The applicant shall remain present, in person, before the trial court on dates fixed for (a) opening of the case, (b) framing of charge; and (c) 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. 9. Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail. Order Date :- 9.6.2025 GauraV/- Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench