Neutral Citation No. - 2025:AHC-LKO:1742 Court No.-13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7118 of 2024 Applicant :- Praveen Kumar Rai @ Sonu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ajeet Kumar,Brij Mohan Sahai,Ripu Daman Shahi Counsel for Opposite Party :- G.A.,Abhishek Mishra,Purnendu Chakravarty,S A Khan Hon'ble Rajeev Singh,J. 1. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State of U.P. and perused the record. 3. The present bail application has been filed on behalf of the applicant in Case Crime No.147 of 2022 under Sections 409, 420, 120-B, 504, 506 I.P.C., Police Station- Mahanagar, District- Lucknow, with the prayer to enlarge him on bail. 4. Learned counsel for the applicant submitted that the applicant is an innocent person and has been falsely implicated in the present case. He further submitted that there was some dispute related to the share between the partners of firm, thereafter, FIR of case in question was lodged and applicant was taken into custody. He further submitted that apart from the present case, one case was also lodged by the partners of the firm against the applicant. Thereafter, the present bail application was filed by the applicant and on 02.07.2024, interim bail was granted to him by this Court. He further submitted that during the pendency of present application, issue has already been resolved between the parties out of Court. He further submitted that the applicant does not have any previous criminal history and he is ready to cooperate in the investigation. Therefore, he may be enlarged on regular bail on the same personal bond as well as sureties filed earlier in pursuance of order dated 02.07.2024. 5. Learned counsel for the complainant has submitted that there was some dispute related to the share between the partners of firm and he does not dispute this fact that issue between the parties has already been resolved out of the Court. 6. Learned AGA vehemently opposed the prayer of applicant and submitted that investigation is going on in the present case but he does not dispute this fact that he has not received any instruction about the misuse of liberty of bail done by the applicant. 7. Considering the rival submissions of learned counsel for parties, material available on record, contents of the F.I.R., other relevant documents as well as totality of fact and circumstances, as it is undisputed fact that the issue has already been resolved between the parties. It is also evident that the applicant did not misuse the liberty of bail granted to him. Therefore, I am of the view that the applicant is entitled to be enlarged on regular bail. 8. Accordingly, the present application is hereby allowed and the applicant- Praveen Kumar Rai @ Sonu is enlarged on regular bail in terms of earlier order dated 02.07.2024 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. (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 (1) opening of the case, (2) framing of charge and (3) 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. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 9.1.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench