HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9625 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. This is second bail application by the applicant in Case Crime No. 384 of 2017, under Sections 409, 420, 467, 468, 471, 120B IPC, Police Station Alambagh, District Lucknow with the prayer to enlarge him on bail. 3. In pursuance of the earlier order dated 28.10.2025, the Special Judicial Magistrate, CBCID, Lucknow, vide his report dated 21.11.2025 has informed that investigation against some of the accused persons of the crime in question is still going on. 4. Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case. It is further submitted that the 1st bail application was rejected by this Court on 23.01.2023, but till today, charge has not been framed. It is also submitted that he has been implicated in 8 cases, out of which, in 7 cases, he has already been enlarged on bail. It is lastly submitted that there are 72 witnesses and in near future, there is no possibility of conclusion of trial. It is, thus, submitted that the applicant, who is in jail since 28.06.2022, is entitled for bail. It is also submitted that the applicant will never misuse the liberty of bail and shall fully cooperate in the trial. Versus Counsel for Applicant(s) : Amjad Siddiqui Counsel for Opposite Party(s) : G.A. Vishwanath Dubey @ Vishambhar Nath Dubey .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s) 5. Learned A.G.A. opposes the prayer for grant of bail to the applicant and submits that applicant was the Director in the Firm in question and the said Firm was working as non-finance company, without proper license. However, he does not dispute the fact that earlier bail application was rejected on 23.01.2022 and the applicant is in jail since 28.06.2022. 6. Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of F.I.R., rejection order of 1st bail application dated 23.01.2022 as well as other relevant documents, including the instructions of Special Judicial Magistrate, CBCID, Lucknow dated 21.11.2025, it is evident that investigation against few of the accused persons is still going on. It is further evident that the charge sheet has also been filed against the applicant. It is also evident that the relevant documents under Section 207 Cr.P.C. have already been provided to the applicant and other accused persons, but till today, charge has not been framed. Moreover, 72 prosecution witnesses are to be examined. 7. In such circumstances, this Court is of the view that the applicant is entitled to be released on bail. 8. Application stands allowed. 9. Let applicant -Vishwanath Dubey @ Vishambhar Nath Dubey be released on bail in Case Crime No. 384 of 2017, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) 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. (iii) The applicant shall file an undertaking to the effect that he shall not seek BAIL No. 9625 of 2025 2 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 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 IPC. (v) 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 IPC. (vi) The applicant shall remain present, in person, before the trial court on dates fixed for (a) opening of the case, (b) framing of charge; and (c) 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. 10. Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail. November 24, 2025 VKS BAIL No. 9625 of 2025 3 (Rajeev Singh,J.) Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench