Neutral Citation No. - 2025:AHC-LKO:37585 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12071 of 2024 Applicant :- Sujeet Kumar Sharma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Of U.P. Lko. Counsel for Applicant :- Ram Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. It is alleged in the prosecution case that the accused applicant and the co-accused Sushil son of Late Munshi Lal opened a company at Bhilwal Chauraha in the name and style of Green Star Nidhi Limited. When the complainant and other agents have collected public money and deposited the same with the applicant who denoted some mony in passbook and some amount has been deposited in his personal account. When the complainant demanded the money, it was not returned to him. He gave four cheques which became dis-honoured due to insufficiency of fund. In this way, the accused applicant and other co-accused have committed cheating and criminal misappropriation of money. Learned counsel for the applicant submits that the maximum sentence under the offence in question is seven years. Charge sheet has been filed. The applicant has entered into a settlement vide Annexure No.9 to the bail application and a sum of Rs.1,50,000/- has been given by him to the complainant and the remaining amount has also been given by the co-accused to the complainant. Details of the transaction through bank account have been mentioned in para 26 of the bail application. The applicant has explained criminal history of one case in the bail application. The applicant is in jail since 3.10.2024. 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. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Considering the facts and circumstances of the case, including the fact that charge-sheet has been filed, the applicant has explained the criminal history of one case, the matter is triable by Magistrate, arguments advanced by learned counsel for the parties, the applicant is in jail since 3.10.2024, and without expressing any opinion on the merits of the case, I am prima facie satisfied that it is a fit case for enlarging the applicant on bail and accordingly, the bail application is allowed. Let the applicant Sujeet Kumar Sharma, involved in Case Crime No.0051 of 2024 under sections 420, 406, 506 I.P.C., P.S. Lonikatra, district Barabanki 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 of the Indian Penal Code. (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. 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. Observation(s) made herein above shall not be considered as an expression of opinion on merit of the case. Order Date :- 3.7.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench