Neutral Citation No. - 2025:AHC-LKO:40827 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6584 of 2025 Applicant :- Devtadeen Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Affairs Lko. Counsel for Applicant :- Aahuti Agarwal Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard Ms. Aahuti Agarwal, learned counsel for the applicant, and the learned A.G.A. for the State, as well as perused the record. The accused-applicant seeks bail in Case Crime No. 40 of 2024, under Sections 420, 467, 468, 471, 504, 506, and 352 of the Indian Penal Code, Police Station Kotwali Dehat, District Gonda. In the prosecution case, it is alleged that the applicant, in conspiracy with Akhilesh Kumar, an Irrigation Officer of Sarju Canal, and one Suresh, prepared a forged deed in respect of Gata No. 3713m/0.1620 hectare, situated in Village Khargupur, Tehsil Karnailganj, District Gonda, and thereby embezzled a sum of Rs. 6,86,400/- from the State funds. Learned counsel for the applicant submits that the charge sheet in the present case has already been filed. It is further submitted that the First Information Report was lodged after a delay of more than five years. The offence is triable by a Magistrate, and the applicant undertakes to cooperate in the trial proceedings. Learned A.G.A. has opposed the bail prayer but could not dispute the factual assertions made above. I have considered the arguments advanced by learned counsel for the parties and perused the material available on record. Upon due consideration of the facts that the applicant is in jail since 24.06.2024; he has no criminal history; he is 75 years old; there is delay in lodging of the FIR; The offence is triable by a Magistrate; and the charge sheet has been filed and without expressing any opinion on the merits of the case, I find it to be a fit case for granting bail. Accordingly, the bail application is allowed. At this stage, learned counsel for the applicant submits that the prolonged incarceration of the applicant is primarily due to his impoverished condition, and that the applicant was able to approach the Legal Services Authority for legal aid only after having remained in custody for over a year. In support of his submission, learned counsel has relied upon the judgment of the Hon’ble Supreme Court in In Re: Policy Strategy for Grant of Bail, SMWP (Criminal) No. 4/2021, wherein it was held that in cases where undertrial prisoners or convicts are unable to furnish bail bonds or sureties immediately, the Court may, in appropriate circumstances, consider granting temporary bail for a specified period to enable them to do so. Learned counsel, therefore, prays that the applicant may be released on a personal bond and be granted time to arrange sureties, considering his poor financial condition. Considering that the matter has been filed through counsel appointed by the High Court Legal Services Committee, and taking into account the peculiar financial condition of the applicant, it is directed that the applicant Devtadeen shall be released on bail in the aforesaid Case Crime Number, subject to his furnishing a personal bond of Rs. 2,000/- (Rupees Two Thousand only) and one reliable surety to the satisfaction of the trial court concerned, with the following conditions: i. The applicant shall not tamper with the evidence during the trial. ii. The applicant shall not pressurize or intimidate any 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 them from disclosing such facts to the Court or to any police officer, or otherwise tamper with the evidence. iv. The applicant shall file an undertaking that he shall not seek any unnecessary adjournments on dates fixed for evidence when witnesses are present in Court. In case of default, it shall be open to the trial court to treat this as an abuse of the liberty of bail and proceed in accordance with law. v. The applicant shall remain present before the trial court on each date fixed, either personally or through counsel. In case of his absence without sufficient cause, the trial court may proceed under Section 229-A IPC (now Section 269 BNS). vi. In case the applicant misuses the liberty of bail and fails to appear after proclamation issued under Section 82 Cr.P.C. (now Section 84 BNSS), the trial court shall proceed against him under Section 174-A IPC (now Section 209 BNS) in accordance with law. Order Date :- 17.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench