Neutral Citation No. - 2025:AHC-LKO:36897 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6137 of 2025 Applicant :- Kaptan Yadav @ Mahesh Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Dinesh Kr. Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Vakalatnama filed by Shri Manish Kumar Tripathi on behalf of complainant is taken on record. Heard learned counsel for the applicant, learned counsel for the complainant 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.61 of 2025, under Sections 318(4), 319(2), 336(3), 338, 340(2) BNS, P.S. Khargupur, District Gonda. In the prosecution case it is alleged that named accused persons by committing forgery and showing forged documents to the complainant have taken Rs.20,000,00/- in their account and Rs.23,000,00/- in cash. Learned counsel for the applicant submits that applicant has not received any amount in his account. The co-accused Nikhil Tripathi who has received Rs.99,000/- in his account has been granted bail by the Co-ordinate Bench of this Court vide order contained annexure No.7 to the bail application. The other co- accused namely Ashok Kumar Chauhan has also been granted bail by Co-ordinate Bench of this Court vide order dated 12.06.2025 passed in Criminal Misc. Bail Application No.5776 of 2025. Applicant has explained the criminal history of two cases. The charge-sheet in the case has been filed. Offences are triable by magistrate. It is submitted that the alleged recovery of Rs.1,10,000/- cash shown on pointing out of the applicant at the time when applicant was already in jail in some other case and on remand by the police. The recovery has been shown from an orchard which is 60 kms. away from the residence to which there is no independent witness. He submits that the applicant is in jail since 07.05.2025. Learned A.G.A. as well as learned counsel for the complainant have opposed the bail prayer. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 07.05.2025, offences are triable by magistrate, role assigned to the applicant and the fact that as per the admitted case of the prosecution, applicant has not received any amount in his account so also the bail orders of aforesaid co-accused persons namely, Nikhil Tripathi and Ashok Kumar Chauhan 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 Kaptan Yadav @ Mahesh Yadav 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 :- 1.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench