Neutral Citation No. - 2025:AHC-LKO:40650 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6386 of 2025 Applicant :- Santosh Kumar Singh Opposite Party :- State Of U.P. Thru. Prin. Home Deptt. Lko. Counsel for Applicant :- Manoj Kumar Mishra,Ajay Kumar Verma,Devesh Jaiswal,Pankaj Kumar Counsel for Opposite Party :- G.A.,Gaurav Mani Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. A supplementary affidavit filed by learned counsel for the applicant is taken on record. In the prosecution case, it is alleged that the informant deposited a sum of Rs. 4,00,000/- in the society under a scheme which promised either repayment of the invested amount with interest or allotment of land worth double the invested sum. However, it is further alleged that neither the promised return nor the land was provided, and the amount was misappropriated by the accused persons. Learned counsel for the applicant submits that co-accused Pankaj Kumar Pathak, who was the Chairman, has already been granted bail by a coordinate Bench of this Court vide order dated 14.02.2025 passed in Criminal Misc. Bail Application No. 926 of 2025. It is also submitted that the sum of Rs. 4,00,000/- has already been returned to the informant by cheque, and a settlement has been arrived between the parties. The said settlement agreement is on record as Annexure No. 7 to the bail application. The applicant seeks parity with the co-accused Pankaj Kumar Pathak. The allegations against the applicant are general in nature, and he has merely been shown as a director in the company. His criminal antecedents have been disclosed in paragraph 26 of the bail application as well as in the supplementary affidavit. It is further submitted that the applicant is languishing in jail since 07.05.2025. There is no likelihood of the applicant absconding or tampering with the prosecution witnesses upon being released. If granted bail, the applicant undertakes not to misuse the liberty so granted. Learned A.G.A. opposed the prayer for bail, however, has not been able to dispute the factual submissions made by the learned counsel for the applicant. Considering the bail granted to co-accused Pankaj Kumar Pathak, the fact that the offence is triable by a Magistrate, the settlement arrived between the parties, the period of incarceration already undergone by the applicant, and the explanation furnished regarding his 26 criminal antecedents and without expressing any opinion on the merits of the case, I find it to be a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Santosh Kumar Singh involved in F.I.R./Case Crime No.831/2024, under Sections 409, 420 I.P.C., Police Station- Dewa, District-Barabanki. 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 with the following conditions which are being imposed in the interest of justice:- (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 in accordance with law. (vi) 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. (now 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 174-A IPC (now Section 209 of BNS). Order Date :- 16.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench