Neutral Citation No. - 2025:AHC-LKO:35205 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5234 of 2025 Applicant :- Anand Kumar Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. Counsel for Applicant :- Sunil Kumar Yadav,Bhola Singh Patel 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 of U.P. and perused the record. 2. The instant bail application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No.080 of 2023, under Sections 409, 420, 467, 468, 471 and 120B IPC, Police Station- Mahanagar, District- Lucknow. 3. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the present case. It is further submitted that the applicant was appointed as a temporary class-IV employee in the postal department. It is further submitted that Neeraj Singh was working as Up Dak Pal and the applicant was his subordinate. Neeraj Singh deposited some amount in the account of the applicant. When this fact came to the notice, the applicant raised objection and requested Neeraj Singh for transfer of the amount and thereafter the entire amount of Rs.10,71,500/- was transferred in the account of Neeraj Singh. Not a single penny was taken by the applicant and thereafter when this fact came to the notice that Neeraj Singh, Up Dak Pal embezzled money of investors amounting to Rs.59,85,759/- the F.I.R. of the case in question was lodged and investigation was conducted. It was also found that money was deposited by Neeraj Singh, Up Dak Pal in the account of Pratiksha Singh and Nitesh Singh and they also transferred the amount in the account of Neeraj Singh, Up Dak Pal. Pratiksha Singh and Nitesh Singh have already been enlarged on bail by this Court vide orders dated 05.09.2023 and 08.11.2023 passed in Criminal Misc. Bail Application Nos. 10894 of 2023 and 2576 of 2023 respectively. The applicant is in jail since 09.05.2025 and since the charge-sheet has already been filed, there is no possibility of tampering with the evidence. In these circumstances, the applicant may be enlarged on bail. In case of being enlarged on bail, he will not misuse the liberty of bail. 4. Learned A.G.A. opposes the prayer for grant of bail to the applicant, but he does not dispute the fact that co- accused Pratiksha Singh and Nitesh Singh, having identical role, have already been enlarge on bail. 5. Considering the rival submissions of learned counsel for the applicant, learned A.G.A. and going through the contents of FIR as well as other relevant documents, I am of the view that the applicant is entitled to be released on bail. 6. Let the applicant- Anand Kumar Singh, who is involved in aforementioned case 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 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. Order Date :- 10.6.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench