Neutral Citation No. - 2025:AHC-LKO:24884 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9038 of 2023 Applicant :- Raj Kumar Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Civil Sectt. Lko. Counsel for Applicant :- Krishna Gopal,Priyam Mishra,Sheo Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of State and perused the record. 2. This first bail application has been filed with regard to Case Crime No.423 of 2021, under Sections 419, 420, 467, 468, 471 IPC, registered at Police Station Unchahar, District Raebareli. 3. As per contents of FIR, applicant was instrumental in duping the father of informant by being instrumental in execution of sale-deed of his property without providing complete sale consideration in lieu thereof. 4. Learned counsel for applicant submits that applicant has been falsely implicated in charges levelled against him and that an unnecessary criminal colour is sought to be given to a purely civil transactions. It is submitted that a civil litigation has already pending between the parties. It is submitted that applicant is under incarceration since 25.05.2022 without any previous criminal history and as yet statements of only three prosecution witnesses have been completed although as per charge-sheet there are seven witnesses. 5. Learned Additional Government Advocate appearing on behalf of State has opposed the bail application with the submission that a bare perusal of FIR will reveal that applicant was the main person instrumental in defrauding the father of informant. It is however admitted that applicant does not have any previous criminal history. 6. Hon'ble the Supreme Court in Sanjay Chandra v. Central Bureau of Investigation, reported in (2012) 1 SCC 40 has specifically held that bail is to be a norm and an under-trial is not required to be in jail for ever pending trial. Relevant paragraphs of the judgment are as under :- "21. In bail applications, generally, it has been laid down from the earliest times that the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless it is required to ensure that an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty." "27. This Court, time and again, has stated that bail is the rule and committal to jail an exception. It has also observed that refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution." 7. Considering submissions advanced by learned counsel for parties and upon perusal of material available on record, it appears that applicant has been indicated has been instrumental in defrauding the father of informant by non- payment of entire sale consideration in lieu of sale-deed being executed. It is also admitted that civil litigation is pending between the parties. The applicant without any previous criminal history is under incarceration as an under trial for the past almost three years since 25.05.2022. It also appears that four prosecution witnesses are yet to be examined. 8. Looking to the nature of allegations levelled against the applicant and submission made in the bail application, without expressing any opinion on the merits of case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, particularly since no reasonable apprehension of tampering with the witnesses has been alleged, prima facie, this Court finds, the applicant is entitled to be released on bail in this case. 9. Accordingly bail application is allowed. 10. Let applicant, Raj Kumar Tiwari involved in the aforesaid case crime be released on bail on his/her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant shall file an undertaking to the effect that she/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. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his/her counsel. In case of his/her absence, without sufficient cause, the trial court may proceed against him/her under Section 229-A of the Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his/her presence proclamation under Section 82 Cr.P.C. 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/her, in accordance with law, under Section 174-A of the Indian Penal Code. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 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/her in accordance with law. Order Date :- 30.4.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench