Neutral Citation No. - 2025:AHC-LKO:41984 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6684 of 2025 Applicant :- Avnish Kumar Tripathi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Ajay Kumar Verma,Manoj Kumar Mishra,Shubham Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case which has been initiated via application under section 156(3) CrPC that Time City Consortium of Corporate, Royal Oudh along with 15 other companies of which Pankaj Kumar Pathak is the Chairman, along with his friends, i.e. the co-accused Director including the applicant have induced the applicant to invest in lieu of higher maturity or a plot amounting to double of the investment. It is further alleged that the complainant has invested from 2020 to 2023 in the investment scheme, roughly Rs.55-60 lacs. 3.Learned counsel for the applicant submits that allegation in this first information report that the informant has invested Rs.55-60 lacks has been found incorrect by a coordinate Bench of this Court while granting interim bail to the co-accused Pankaj Kumar Pathak (order at page 115 of paper book). The interim bail has been confirmed vide order dated 15.7.2025. It is submitted that in the informant in the present case has invested only Rs.2,08,550/-.The co-accused Pankaj Kumar Pathak against whom the same allegation was levelled and who was Chairman of the company has already been granted bail. It is submitted that the applicant's case is at better footing than the co-accused Pankaj Kumar Pathak.The applicant has already given the informant total invested amount by him. Specific pleading in this regard has been made in para 27 of the bail application. The other investors have also been paid back by the applicant and in some cases registered sale deeds have also been executed. Roughly an amount of Rs.2,51,500/- has been returned by the applicant. Details of the investors along with cheque given to the informant/investors has been filed as Annexure No.14 of the bail application. The applicant is in jail since 12.5.2025. He has explained criminal history in para 23 of the Bail application. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 4.Learned A.G.A. opposed the prayer for bail and submitted that a number of persons have been duped as hard earned money of various investors have been duped, however, he does not dispute the fact that Pankaj Kumar Pathak who was Chairman of the company has been granted bail. 5.Considering the facts and circumstances of the case, the fact that the applicant who is one of the Directors of the company has explained criminal history, offence is triable by Magistrate, pleading made in para 27 of the bail application, bail order of co-accused Pankaj Kumar Pathak, investigation is going on, the applicant has undertaken to cooperate therein, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail. 6.Let the applicant Avnish Kumar Tripathi, involved in Case Crime No.490 of 2024 under sections 409, 420, 504, 506 I.P.C., P.S. 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 under Section 229-A I.P.C. (now 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 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 I.P.C. (now 209 BNS). 7.The application is allowed accordingly. Order Date :- 22.7.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench