Neutral Citation No. - 2025:AHC:14567 Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13297 of 2023 Applicant :- Vinod Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Abhilasha Singh,Amit Kumar Verma,Anand Kumar Upadhyay,Ashutosh Yadav,Awadhesh Kumar Chaudhari,Husnaara Khatoon,Shipra Kureel,Shyam Lal,Sudhir Kumar Agarwal Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Sudhir Kumar Agarwal, learned counsel for the applicant, Sri Jitendra Singh, learned counsel for the State and perused the material on record. 3. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant-Vinod Yadav, seeking enlargement on bail during trial in Case Crime No. 51 of 2023, under Section 7 of Prevention of Corruption Act, Police Station Saidpur, District Ghazipur. 4. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the applicant was posted as Lekhpal in Tehsil Saidpur, District Ghazipur. It is argued that the trial in the present matter has started in which the evidence of all the prosecution witnesses and statement of the accused under Section 313 Cr.P.C. has been recorded and the statement of defence witness is being recorded, as such there are no chances of the applicant tampering with evidence. It has also been pointed out that the applicant is not having any criminal history as stated in para 23 and 28 of the affidavit. It is submitted that during the entire career of the applicant, he was working with dedication without any complaint whatsoever. The applicant is in jail since 22.02.2023. 5. Per contra learned counsel for the State opposed the prayer for bail. 6. After hearing the counsel for the parties and perusing the record, it is evident that trial in the present matter is going on in which entire prosecution evidence has been concluded and statement of defence witness is being recorded. There are no chances of the applicant tampering with evidence. The applicant has no criminal history. 7. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 8. Let the applicant-Vinod Yadav, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (one should be of his family member and the other should be of a local person) 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 prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (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 will not misuse the liberty of bail in any manner whatsoever. 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 I.P.C. (v) 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 and the trial court may proceed against him under Section 229-A IPC. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 9. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 10. The bail application is allowed. (Samit Gopal, J.) Order Date :- 31.1.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad