HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11060 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 the applicant in connivance with the co-accused persons and by alluring the complainant has convinced him to invest Shine City Group for purchase of plot and consequently, the complainant has invested Rs.7,51,250/- in the company, Shine City Group in lieu of the plot. It is further alleged that the said consideration amount has been embezzled by the applicant and the plot has not been given. 3.Learned counsel for the applicant submits that the co-accused Asif Naseem who is the Managing Director of the company and Amitabh Kumar Srivastava, Director of the company have been granted bail by coordinate Benches of this court vide orders passed in Bails No.5807 of 2025 and 1075 of 2025, respectively. The applicant is the Addl. Director of the company. The applicant has explained criminal history of forty cases in para 3 of the supplementary affidavit. It is next submitted that the charges in the case have not yet been framed although the applicant is in jail since 23.11.2021. 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. Versus Counsel for Applicant(s) : Syed Tamjeed Ahmad Counsel for Opposite Party(s) : G.A. Rajeev Kumar Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 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. 5.Considering the facts and circumstances of the case, the fact that the applicant has explained criminal history, the offence is triable by Magistrate, it appears that the charges have not been framed yet, bail orders of the co-accused, noted above, it further appears that no civil proceedings for recovery of money have been initiated by the complainant, 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 Rajeev Kumar Singh, involved in Case Crime No.714 of 2021 under sections 409, 420, 467, 468, 471, 120B I.P.C., P.S. Gomti Nagar, 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 accordance with law. (v) The applicant shall remain present before the trial court on each date BAIL No. 11060 of 2025 2 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. 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. November 13, 2025 kkb/ BAIL No. 11060 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench