HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 5304 of 2025 Court No. - 70 HON'BLE SANTOSH RAI, J. 1. Heard learned counsel for the applicant; learned AGA for the State and perused the material placed on record. 2. The instant bail application has been filed on behalf of the applicant, Satyendra Kumar Alias Satyendra Singh with a prayer to release him on bail in Case Crime No.86 of 2019, under Sections 409, 467, 468, 471, 420, 120B I.P.C., Police Station- Sahpau, District- Hathras, during pendency of trial. 3. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in this case. He has committed no offence as alleged in the first information report. It is further submitted that first information report has been lodged against the employee of Gramin Bank of Aryavrat Manikpur, name unknown. The applicant has not committed any embezzlement or forgery. He had posted as Assistant Manager in the concerned bank. It is further submitted that based on the departmental inquiry finding him guilty, an amount of Rs.1,85,577/- was recovered/ forfeited. He has not received any money from so called fraud transactions. Co-accused Mahesh Chandra has already been granted bail by the co- ordinate Bench of this Court vide order dated 12.10.2020 passed in Criminal Misc. Bail Application No.33027 of 2020. The applicant has no criminal history to his credit and he is languishing in jail since 07.01.2025. It is submitted that since the charge-sheet has already been submitted, therefore, Versus Counsel for Applicant(s) : Akhilesh Kumar Shukla, Babu Lal Ram, Rajan Tripathi, Subhash Chand Counsel for Opposite Party(s) : G.A. Satyendra Kumar Alias Satyendra Singh .....Applicant(s) State of U.P. .....Opposite Party(s) there is no reasonable possibility of intimidating or pressurizing the prosecution witnesses and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 4. Per contra learned A.G.A. vehemently opposed the above arguments and has submitted that the applicant was involved in the financial scam and Rs.1,82,31, 000/- has embezzled by the applicant and co-accused persons, but he has not disclosed the specific amount that the applicant has received or misappropriated as a Assistant Manager of the concerned Bank. Learned A.G.A. also could not dispute the fact that the applicant has no criminal history. 5. Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant; keeping in view uncertainty regarding conclusion of trial; applicant being under-trial having fundamental right to speedy; larger mandate of the Article 21 of the Constitution of India, bail application is allowed. 6. Considering the dictum of Apex Court in the case of Manish Sisodia Vs. Directorate of Enforcement, 2024 LawSuit (SC) 677, considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :- (i) The applicant shall not tamper with the evidence or threaten the witnesses. (ii) 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. (iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, BAIL No. 5304 of 2025 2 without sufficient cause, the Trial Court may proceed against him under Section 229-A I.P.C./269 B.N.S. (iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C./84 B.N.S.S. 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./209. B.N.S. (v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 7. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. October 8, 2025 Radhika BAIL No. 5304 of 2025 3 (Santosh Rai,J.) Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad