Neutral Citation No. - 2025:AHC-LKO:42346 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6533 of 2025 Applicant :- Ajay Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Vivek Pandey,Jagriti Bardhan Rao,Jyotika Yog Sharma Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State, Shri Gopal Kumar Srivastava, learned counsel appearing for Bank and perused the record. In the prosecution case, it is alleged that the applicant, who is a registered tenant as well as proprietor of Shop No. B-04 of Zila Panchayat Gonda, is running a bakery in the name and style of 'New Family Bakers'. He in connivance with the then Branch Manager of the Indian Bank, Branch Vikas Bhawan, Kotwali Nagar, Gonda took a loan of Rs. 5 lakhs upon the said bakery by committing forgery. Earlier also, a loan of Rs. 3 lakhs was taken by the applicant. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the case. The earlier loan of Rs. 3 lakhs was taken by him with the consent of the complainant. The Bank namely, Indian Bank has given no dues certificate to the earlier loan, which is at page No. 38 of the bail application. The current loan has also been taken with the consent of the complainant. He next submits that the then Branch Manager of the Indian Bank is named in the FIR as a co-accused, though his name has been dropped during investigation inexplicably. It is further submitted that the applicant has no criminal history and he is languishing in jail since 13.5.2025. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned counsel for the Bank has expressed his inability to assist the Court owing to the fact that all the then officials of the Indian Bank have been transferred somewhere else. Learned A.G.A. has opposed the prayer for bail of the applicant. On due consideration to the submissions advanced, perusal of the record so also the fact that the applicant has no criminal history and he is languishing in jail since 13.5.2025; the alleged offences are triable by a Magistrate; charge-sheet in the case has been filed and without expressing any opinion on the 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- Ajay Kumar involved in Case Crime No. 922 of 2024, under Sections 318(4), 319(2), 338, 336(3), 340(2) of B.N.S., Police Station- Kotwali Nagar, District- Gonda, 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 84 B.N.S.S. 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 of B.N.S. Order Date :- 23.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench