Neutral Citation No. - 2025:AHC-LKO:10889 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11508 of 2024 Applicant :- Shubham Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Surya Prakash Singh,Suraindra Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record. 2. The present bail application has been filed on behalf of the applicant in Case Crime No.834 of 2020 under Sections 409, 420, 467, 468, 471, 120B I.P.C., Police Station Gomti Nagar, District Lucknow East with the prayer to enlarge him on bail. 3. Learned counsel for the applicant has submitted that the applicant is an innocent person, he has been falsely implicated in the present case and he is in jail since 10.09.2024. He has further submitted that the applicant was only an employee in the company M/s Shine City Infra Project Private Ltd, Gomti Nagar, Lucknow. He has further submitted that all the alleged amount was transferred in the account of company not in the account of applicant. He has further submitted that the applicant has been implicated in several other cases of identical nature but there is no evidence against him. He has further submitted that the charge sheet has already been filed and applicant is ready to cooperate in the trial. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. 4. Learned A.G.A. has opposed the prayer of the applicant for grant of bail but he does not dispute this fact that applicant was an employee (business development manager) in the said company. 5. Considering the rival submissions of learned counsel for parties, material available on record, contents of the F.I.R., other relevant documents as well as totality of fact and circumstances, as it is evident that applicant is only an employee of the alleged company and the all the amount was transferred in the account of company only. Therefore, I am of the view that the applicant is entitled to be released on bail. 6. Let applicant - Shubham Singh - be released on bail in aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 19.2.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench