Neutral Citation No. - 2025:AHC-LKO:39001 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5644 of 2025 Applicant :- Vinay Kumar Pandey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Adarsh Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No. 269 of 2024 under Sections 419, 420, 467, 468, 471, 406 IPC, Police Station Kotwali Nagar, District Gonda. As per contents of First Information Report, applicant has allegedly defrauded the informant of about Rs. 15,00,000/- on the pretext of providing ATM machine and AEPS payment system without actually providing the same. Learned counsel for applicant submits that applicant is the Director and he has been falsely implicated in this case. The co- accused Tarun Kumar Dudeja @ Tarun Kumar who was the Director of the company has been granted bail by the Co- ordinate Bench of this Court vide order dated 08.04.2025 passed in Criminal Misc. Bail Application No.1829 of 2025. The other co-accused persons namely, Shantanu Anand and Puneet Kumar Pandey have already been enlarged on bail by this Court in Bail Application Nos. 11747 of 2024 and 12449 of 2024. Applicant claims parity with the bail orders of aforesaid co-accused persons. Applicant has explained the criminal history of one case. The offence is triable by magistrate and charge-sheet in the case has been filed. Learned A.G.A. has opposed the bail prayer and has submitted that applicant is also the Director. On due consideration to the submissions advanced, perusal of the record as also the fact that applicant claims parity with the bail orders of aforesaid co-accused persons, offences are triable by magistrate, charge-sheet has been filed and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Vinay Kumar Pandey be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) 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. 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. (v) 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 269 of BNS. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 BNSS is issued and the 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 209 BNS. Order Date :- 9.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench