Neutral Citation No. - 2025:AHC-LKO:35449 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5170 of 2025 Applicant :- Deeplal Nishad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Desh Deepak Verma Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present bail application has been filed on behalf of the applicant seeking anticipatory bail in FIR No.632 of 2024, under Sections 406, 409, 420, 467, 468, 471 IPC and Section 3/21 (3) of the Banning of Unregulated Deposit Schemes Act, Police Station Ram Nagar, District Barabanki. 3. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. He also submitted that charge sheet has been prepared without considering the evidences provided by the applicant. He further submitted that the trial for criminal breach of trust as well as cheating cannot run together. He further submitted that charge sheet has been filed and there is no possibility of tampering of any evidence. The applicant is ready to co-operate in the investigation. He lastly submits that the applicant is in jail since 20.04.2025 and therefore be enlarged on bail. 4. Learned A.G.A. vehemently opposed the prayer of the applicant for bail but did not dispute the fact that trial for the offence of criminal breach of trust as well as cheating cannot run together. 5. Considering the rival submissions of learned counsel for parties, material available on record, contents of the F.I.R., other relevant documents, and the fact that trial of criminal breach of trust and cheating cannot run together, I find it as a fit case for bail of the applicant and I am of the view that the applicant is entitled to be released on bail. 6. Let applicant - Deeplal Nishad be released on bail in aforesaid Case Crime, 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 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. . (Rajeev Singh, J.) Order Date :- 11.6.2025 Arnima Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench