Neutral Citation No. - 2025:AHC-LKO:42976 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6818 of 2025 Applicant :- Mohammad Alam Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. Counsel for Applicant :- Sachin Pandey 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 that the accused persons while hatching conspiracy have taken Aadhar Card, PAN card and pass book on the pretext of providing motorcycle on heavy discount, however, by taking their documents, it is alleged that although loan has been taken in their name, neither the complainant has received motorcycle nor he has received his money. 3.Learned counsel for the applicant submits that the loan amount has been paid back to the seller, finance company. No case under sections 406, 420 I.P.C. is made out against the applicant. The offence is triable by Magistrate. The applicant has no previous criminal history. The applicant is in jail since 2.7.2025. 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 submit but could not dispute the fact that the loan amount of some of aggrieved persons has been paid back. 5.Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, the offence is triable by Magistrate, offence under sections 406 and 420 I.P.C. cannot be committed at the same time in view of the settled law, charge sheet has been filed, 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 Mohammad Alam, involved in Case Crime No.157 of 2023 under sections 406, 420 I.P.C., P.S. Shukul Bazar, district Amethi, 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 :- 25.7.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench