Neutral Citation No. - 2025:AHC-LKO:19674 Court No. - 17 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11380 of 2024 Applicant :- Nankau Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Cchulhai Prasad Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. In pursuance of earlier order, Sri Ganjesh, Investigating Officer, Police Station Aashiyana, District Lucknow is present. 2. Heard learned counsel for the applicant and learned A.G.A. for the State-respondent. 3. The second bail application has been filed by applicant in Case Crime No. 0637 of 2020, under Sections 406, 420, 467, 468, 471, 504, 506 I.P.C., Police Station- Ashiyana, District- Lucknow with a prayer to enlarged him on bail. 4. Learned counsel for the applicant has submitted that the first bail application was rejected on 20.01.2023 with a direction to the trial court to conclude the trial expeditiously, within one year, without giving any unnecessary adjournments to either of the parties and office was directed to communicate this order to the trial court as well as the Commissioner of Police, Lucknow and the Joint Director of Prosecution, Lucknow for its necessary compliance but till today only one witness has been examined. He has further submitted that there is no evidence in the entire prosecution documents related to monetary gain obtained by the applicant. He has also submitted that the applicant has no criminal antecedents. There is no possibility of conclusion of trial in near future. The applicant is ready to cooperate in the trial, therefore he may be enlarged on bail. 5. Learned A.G.A. has opposed the bail application and has submitted that the applicant is a imposter, who made thumb impression before the Registrar claiming himself as Sharavan Kumar. He has further submitted that co-accused Sujeet Gautam, who had gained monetary benefits has been arrested on 25.03.2025 and sent to jail. He does not dispute the fact that at the time of deciding first bail application direction was given for conclusion of trial expeditiously but trial has not been concluded. 6. Considering the submissions of learned counsel for the applicant, learned A.G.A. and going through the contents of bail application, as well as other relevant documents; it is evident that the applicant is in jail since 06.12.2021 and only one witness has been examined, therefore, the applicant is entitled for bail. 7. Let the applicant- Nankau who is involved in aforementioned case crime 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 subject to following conditions:- (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) 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. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) 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 IPC. (v) 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., may be issued and if 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 IPC. (vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. 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. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. In view of above, this bail application is allowed. Order Date :- 8.4.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench