Neutral Citation No. - 2025:AHC-LKO:40449 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6492 of 2025 Applicant :- Avnish Kumar Tripathi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Manoj Kumar Mishra,Ajay Kumar Verma,Shubham Kumar Verma Counsel for Opposite Party :- G.A.,Gaurav Mani 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.831 of 2024 under Section 420, 409 I.P.C., Police Station Dewa, District Barabanki. It is alleged in the prosecution case that the complainant had deposited approximately Rs.4,00,000/- (Four lakh rupees) in the investment schemes such as FD, RD, MIS, Daily Deposit, and other schemes. The accused representatives had assured the complainant that the invested amount would be returned with interest upon maturity or the equivalent value in property/land would be transferred in the complainant’s name, however the complainant was cheated by the applicant and the co-accused. Learned counsel for the applicant submits that the applicant was the Director, and the co-accused Pankaj Kumar Pathak, who was the Chairman, has been granted bail by a coordinate Bench of this Court vide order dated 14.02.2025, passed in Bail Application No. 926 of 2025. The applicant seeks parity with the co-accused. The offence is triable by Magistrate. The applicant has explained the criminal history in paragraph 23 of the bail application. It is further submitted that the matter has been settled between the complainant and the co-accused, and the settlement agreement is on record. Learned A.G.A. has opposed the bail prayer of the applicant and submitted that the investigation in this case is pending. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the facts that the applicant is in jail since 12.05.2025; the co-accused Pankaj Kumar Pathak has been granted bail by a coordinate Bench of this Court; the offence is triable by Magistrate; and taking into account the settlement agreement 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 Avnish Kumar Tripathi 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