Neutral Citation No. - 2025:AHC-LKO:40186 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6483 of 2025 Applicant :- Bharat Lal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Pratyush Kumar Srivastava,Avinash Srivastava 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 accused-applicant seeks bail in FIR/Case Crime No.367 of 2024 under Section 409, 420, 120B IPC, Police Station Bhinga, District Shravasti. The prosecution story is that under the Purvachal Vikas Nidhi Yojana, an amount of Rs 29.54 lakh was released to the Executive Engineer PACS Fed, Shravasti Bahraich for getting the work done in the year 2020-21. When the said work was verified by the committee on 05.06.2024, the work was found to be unstarted. The implementing agency was repeatedly directed to complete the work, but the remaining work was not completed by the institution and government money was embezzled. In the monthly progress report given by the Executive Engineer on 03.01.2023, the said work was shown as complete, whereas in the investigation the said work was found to be unstarted. Learned counsel for the applicant submits that the offence is triable by Magistrate. The applicant is a cardiac patient, aged 62 years, and was already terminated from service on 19.05.2022, prior to the submission of the report dated 03.01.2023. In the statement of the complainant, no specific role has been assigned to the applicant, and there is no material available with the prosecution to implicate the applicant in the present case. There is a delay of 1 year, 8 months, and 18 days in lodging the F.I.R. The applicant is in jail since 26.04.2025. Learned A.G.A. has opposed the bail prayer of the applicant and has submitted that charge-sheet is yet to be filed. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration to the facts that the applicant is in jail since 26.4.2025; the offence is triable by Magistrate; FIR has been lodged after delay of more than one year, eight months and 18 days, the role assigned to the applicant, the age of the applicant and period of incarceration gone into by the applicant 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 Bharat Lal be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below 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 229-A of the IPC (now Section 269 BNS). (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 of the IPC (now Section 209 BNS). Order Date :- 15.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench