HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35492 of 2025 Court No. - 70 HON'BLE SANTOSH RAI, J. 1. Heard learned counsel for the applicant; learned AGA for the State and perused the material placed on record. 2. The instant bail application has been filed on behalf of the applicant Om Prakash with a prayer to release him on bail in Case Crime No.76 of 2025, under Section 409 IPC, Police Station Hathras Gate, District Hathras, during pendency of trial. 3. Leaned counsel for the applicant submitted that the F.I.R. has been registered on 11.02.2025 after 28 years of the incident dated 01.01.1997 without proper explanation of delay in lodging the F.I.R. As per the F.I.R. version, the applicant has embezzled a total Rs.10,19,538/- but no reliable witness is available on record. The accused applicant has misappropriated the amount of account holders. He further submitted that the accused- applicant was held guilty in the departmental enquiry and was expelled from service. The applicant is languishing in jail since 17.05.2025. Chargesheet has been filed in this case. In case, the applicant is released on bail, he will not misuse the liberty of bail. 4. Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that huge amount was embezzled by the applicant when he was posted as Postal Servant. He misappropriated the public fund having amount of Rs.10,19,538/- but he admits that the applicant has already been expelled from service. He further submitted that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve Versus Counsel for Applicant(s) : Krishna Nand Singh, Priti Yadav Counsel for Opposite Party(s) : G.A. Om Prakash .....Applicant(s) State of U.P. .....Opposite Party(s) any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. 5. Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant; period of detention in jail, keeping in view uncertainty regarding conclusion of trial; larger mandate of the Article 21 of the Constitution of India, bail application is allowed. 6. Considering the dictum of Apex Court in the case of Manish Sisodia Vs. Directorate of Enforcement, 2024 LawSuit (SC) 677, considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :- (i) The applicant shall not tamper with the evidence or threaten the witnesses. (ii) 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. (iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A I.P.C./269 B.N.S. (iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C./84 B.N.S.S. is issued and the applicants fail 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./209. B.N.S. (v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) BAIL No. 35492 of 2025 2 recording of statement under Section 313 Cr.P.C./351 B.N.S.S. 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. 7. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. October 14, 2025 Asha BAIL No. 35492 of 2025 3 (Santosh Rai,J.) Digitally signed by :- ASHA High Court of Judicature at Allahabad Digitally signed by :- ASHA High Court of Judicature at Allahabad