Neutral Citation No. - 2025:AHC-LKO:44663 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7123 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,Piyush Tripathi,Shubham Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Supplementary Affidavit filed by learned counsel for the applicant is taken on record. 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 Case Crime No.FIR No.824 of 2024 under Section 409, 420 I.P.C., Police Station Dewa, District Barabanki. 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. Learned counsel for the applicant submits that co-accused Santosh Kumar Singh was granted interim protection in Criminal Misc. Writ Petition No. 2349 of 2025 vide order dated 25.3.2025. After that the petitioner returned the invested amount to the complainant. It is further submitted that Pankaj Kumar Pathak, the Chairman of the company, has already been granted bail, a copy of which has been annexed as Annexure-12 to the bail application. Shri Ashok Singh has also been granted bail by a coordinate Bench of this Court vide order dated 23.01.2025, passed in Criminal Misc. Bail Application No. 681 of 2025, a copy of the said bail order is on record. It is further submitted that the applicant is the Director of the company. He has explained the criminal history involving 11 cases in paragraph 23 of the bail application. Learned counsel for the applicant claims parity with the co-accused persons, namely Pankaj Kumar Pathak and Ashok Singh, who have already been granted bail. The applicant is languishing in jail since 12.05.2025. 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. 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, including the fact that the co-accused has returned the invested amount to the complainant; that co-accused persons Pankaj Kumar Pathak (Chairman) and Ashok Singh have already been granted bail; the applicant's claim of parity with the said co-accused; the duration of the applicant's incarceration; and the explanation furnished regarding his criminal history, and that the applicant is languishing in jail since 12.05.2025, I am of the view that the applicant deserves to be released on bail. Accordingly, the application is allowed. Accordingly, the application is allowed. Let the applicant Avnish Kumar Tripathi, involved in the aforesaid case crime number 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). Order Date :- 1.8.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench