HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 13056 of 2024 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present application has been filed on behalf of the applicant seeking bail in Case Crime No. 582 of 2021, under Sections- 409, 420, 467, 468, 471, 120-B I.P.C., Police Station- Gomti Nagar (EOW), District-Lucknow. 3. In compliance of the order of this Court dated 29.10.2025, the officer, namely, Ms. Samiksha Yadav, Dy. Superintendent is present before this Court. Officer has also filed her personal affidavit, which is taken on record. 4. Personal appearance of the officer is dispensed with. 5. It is stated that the applicant whose criminal history has been explained in paragraph 21 of the affidavit filed in support of the bail application is in jail since 24.10.2024 and the period of incarceration of the applicant comes to more than one year. It is also stated that the criminal history of five cases in paragraph 21 has not been refuted by the prosecution. 6. Further submission is that the applicant is innocent and he has falsely been implicated in the present case. Versus Counsel for Applicant(s) : Rajesh Kumar Pal, Priyanka Singh Counsel for Opposite Party(s) : G.A., Amrita Singh, Brijesh Singh Vishen, Kuldeep Srivastava Rahul Sharma .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 7. It is stated that the applicant was an employee of M/S Shine City and who on the dictates of higher officers/Directors of the company executed various sale-deeds, including the sale-deed in relation to which the FIR has been lodged by the opposite party no. 2. However, the fact remains that he is not a beneficiary of the amount indicated in the sale-deed. The amount indicated in the sale-deed was in fact deposited in the account of company and the same was utilized by the Directors/higher officials of the company and the applicant was provided only meager amount towards monthly pay. It is further submitted that in the same facts and circumstances the applicant was implicated and he was released on bail by this Court in Criminal Misc. Bail Application Nos. 12962 of 2024, 13094 of 2024, 12884 of 2024, 3660 of 2025 and 3654 of 2025. 8. It is also stated that the liability, if any, would lie upon the Directors/Promoters of the Company. 9. It is submitted that considering aforesaid, the applicant, who is in jail since 24.10.2024, is entitled to be released on bail. In case of being enlarged on bail, he will not misuse the liberty of bail and will cooperate in trial and would also not influence the prosecution witnesses. In these circumstances of the case, the applicant is entitled to be released on bail. 10. Learned A.G.A. opposed the prayer of the applicant but could not dispute the above contentions made by the applicant's counsel. 11. Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of the application, F.I.R., as well as other relevant documents and the role attributed to the applicant and without going into the merits of the case, this Court is of the view that the application has substance and it is accordingly, allowed. 12. Let the applicant- Rahul Sharma be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs. 25,000/- and two reliable sureties each of the like amount to the satisfaction of the BAIL No. 13056 of 2024 2 court concerned subject to following conditions :- (i) The applicant will cooperate with the prosecution during trial. (ii) The applicant will not tamper with the evidence during trial. (iii) The applicant will not pressurize/intimidate the prosecution witness(es). (iv) The applicant shall not commit an offence. (v) 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. (vi) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The applicant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The applicant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C. 13. In case of default of above conditions it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. 14. As this order relates to enlargement of the applicant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation made in this order. November 3, 2025 Anurag BAIL No. 13056 of 2024 3 (Saurabh Lavania,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench