Neutral Citation No. - 2025:AHC-LKO:25239 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11831 of 2024 Applicant :- Vasudev Goswami @ Basudev Goswmi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Ajay Kishor Pandey Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of the State and perused the record. 2. This first bail application has been filed with regard to Case Crime No.0451 of 2020, under Sections 409, 419, 506 and 120- B IPC, P.S.-Kotwali Nagar, District Faizabad/Ayodhya. 3. As per contents of F.I.R.,the applicant is a Director in the Eye Vision India Credit Cooperative Society Limited which is sister concern of the Ani Bullian Private Limited. Allegation levelled is that the applicant along with co-accused was instrumental in defrauding the informant by not repaying principal and interest due to investment by the applicant on the basis of false promise. 4. It is submitted that earlier charge sheet has been filed under Sections 406, 420, 467, 468 and 471 IPC against the applicant in Case Crime No.451 of 2020 whereafter additional sections have been imputed under Section 409, 419, 506 and 120-B IPC in same case crime in which the bail is now being sought. It is submitted that since the bail has already been granted in the primary sections imputed against the applicant, he would be entitled in the additional sections as well. It is further submitted that the applicant is 72 years of age and is under incarceration since 21.08.2021 without commencement of trial. 5. Learned A.G.A. has opposed bail application with the submission that the contents of FIR clearly indicate complicity of applicant in the charge levelled against him, particularly the fact that applicant is the Director in the company concerned. 6. Upon consideration of submissions advanced by learned counsel for parties, perusal of material available on record and prima facie subject to further evidence being led during trial, it appears that earlier the applicant had filed Bail Application No.7680 of 2022 in the same case crime no.451 of 2020 and was enlarged on bail vide order dated 29.09.2022 whereafter present bail application has been filed with regard to additional sections imputed against him. A perusal of earlier bail order dated 29.09.2022 makes it evident that previous criminal history of applicant had been explained and bail appears to have been granted primarily on account of the fact that applicant is 72 years of age and is languishing in jail since 21.08.2021. 7. Considering the fact that the applicant is 72 years of age and languishing in jail since 21.08.2021 and has been enlarged on bail in the same case crime on primary sections imputed against him, this Court finds, the applicant is entitled to be released on bail in this case as well. 8. Accordingly bail application is allowed. 9. Let applicant, Vasudev Goswami @ Basudev Goswmi involved in the aforesaid 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 with the following conditions which are being imposed in the interest of justice:- (i) 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. (ii) 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 of the Indian Penal Code. (iii) 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. 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 of the Indian Penal Code. (iv) 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. 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. Order Date :- 24.4.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench