HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6775 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that upon the complainant of Shailender Singh, officiating Registrar, U.P. Homeopathic Medicine board, Lucknow/Joint Secretary, Ayush Department, U.P. Government, Master data and sheet are verified and it was revealed that for the sessions 2019-20, 2020-21, 2021-22, a sum of Rs.47,63,98,358/- have been embezzled by the co-accused Dinesh Chandra Dubey, contract clerk and Smt. Sushma Mishra, Contract Clerk of Samaj Kalyan Department with the connivance of the institute. 3.Learned counsel for the applicant submits that the applicant is innocent having no criminal history. The offence is triable by Magistrate. The applicant has no previous criminal history. He is neither employee nor Manager of the institute. The applicant is in jail since 18.6.2025. The co-accused Angad Singh, Amar Bahadur Gautam and Vinod Kumar Yadav have been granted bail vide orders contained in Annexures 7 to 9. The applicant claims parity. Another co-accused Dinesh Chandra Dubey has been granted anticipatory bail by this court vide order passed in Anticipatory Bail No.1674 of Versus Counsel for Applicant(s) : Ramesh Kumar Srivastava, Nijam Ahamad, Rajesh Kumar Srivastava, Sheikh Wali Uz Zaman Counsel for Opposite Party(s) : G.A. Dinesh Singh Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) 2022. 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. 4.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. Charge sheet has been filed. 5.Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, the offence is triable by Magistrate, role assigned to the accused applicant, the co-accused persons have been granted bail, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail. 6.Let the applicant Dinesh Singh Yadav, involved in Case Crime No.222 of 2022 under sections 409, 420, 467, 468, 471, 120-B I.P.C., P.S. Wazirganj, district Lucknow, 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 BAIL No. 6775 of 2025 2 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 I.P.C. (now 269 BNS) (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. (now 84 BNSS) 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. (now 209 BNS). 7.The application is allowed accordingly. 7.The application is allowed accordingly. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merit of the trial. October 29, 2025 kkb/ BAIL No. 6775 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench