Neutral Citation No. - 2025:AHC-LKO:42336 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6758 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,Muskan Bharti,Shubham Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. It is alleged in the prosecution case that Time City Consortium of Corporate, Royal Oudh, along with 15 other companies of which Pankaj Kumar Pathak is the Chairman and his associates, including the co-accused Directors and the present applicant, induced the complainant to invest in exchange for either high returns or a plot of land valued at twice the investment amount. It is further alleged that the complainant invested approximately Rs. 1,20,000/- in the scheme between the years 2017 and 2023. Learned counsel for the applicant submits that the complainant had invested Rs. 1,20,000/- in the said society. Out of Rs. 1,20,000/-, the society has paid Rs. 5000/- to Prashant Kumar (informant), applicant's father Rs. 5000/- and applicant's brother Bipin Kumar Rs. 41,500/-. Pleading has been made in para 18 of the bail application. Furthermore, after being released from jail, one of the co-accused paid Rs. 35,000/- to the informant, which has been pleaded in paragraph 29 of the bail application. It is further submitted that the co-accused Pankaj Kumar Pathak, who was the Chairman, has already been granted bail. A copy of the bail order is on record as Annexure No. 14 to the bail application. The applicant is in custody since 12.05.2025. His criminal history, involving 11 cases, has been duly explained in paragraph 25 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. Learned A.G.A. has opposed the bail application arguing that several individuals have been defrauded and their hard-earned money misappropriated. However, he does not dispute the fact that Pankaj Kumar Pathak, the Chairman of the company, has already been granted bail. Considering the overall facts and circumstances of the case, the fact that the offence is triable by a Magistrate, the explanation provided regarding the applicant’s criminal history, the grant of bail to co-accused Pankaj Kumar Pathak, the ongoing nature of the investigation, the applicant’s willingness to cooperate, and the duration of the applicant’s incarceration, I am of the view that the applicant deserves to be released on bail. Let the applicant Avnish Kumar Tripathi, involved in Case Crime No. 832/2024, under sections 420/409 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). The application is allowed accordingly. Order Date :- 23.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench