Neutral Citation No. - 2025:AHC-LKO:28229 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7968 of 2024 Applicant :- Ashish Kumar Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others Counsel for Applicant :- Bhoopal Singh,Himanshu Mohan,Pawan Kumar,Udai Pratap Yadav Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for the applicant, learned Additional Government Advocate appearing on behalf of opposite parties no. 1 & 2. In view of order being passed, notice to opposite party no.3 stands dispensed with. 2. This first bail application has been filed with regard to Case Crime No. 1028 of 2020 under Sections 409, 420, 467, 468, 471, 120-B IPC, P.S. Gomti Nagar, District Lucknow. 3. As per the prosecution story, five named and one unknown person are stated to have duped various persons who invested their money in the Shine City Infra Project Private Limited, to the tune of Rs.15,94,950/-. 4. It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in the present case. The applicant was neither named in the FIR nor involved in any such offence as alleged in the FIR. The applicant was just an Accountant and has been working as Accountant in various companies since 23.8.2001. He has nothing to do with the said offence whatsoever. The applicant has no previous criminal history except the cases pertaining to the alleged company. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. The applicant is languishing in jail since 21.03.2023 and he deserves to be released on bail. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with the trial. 5. Per contra learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid facts of the matter. 6. Upon consideration of submissions advanced by learned counsel for parties, prima facie, subject to evidence being led in trial, at this stage it appears that applicant is neither a Director nor a power of the higher management in-charge of day to day functioning of the company or taking policy decisions and was in fact provided in ministerial job as per his submissions. Out of eleven previous criminal cases, he has already been enlarged on bail in ten such cases and undertakes to co-operate during trial. 7. Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 8. Let the applicant- Ashish Kumar Verma, who is involved in the aforementioned case crime number 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. Further, before issuing the release order, the sureties be verified. (i) 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. (ii) 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. (iii) 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. (iv) 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. 10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 14.5.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench