HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9455 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Sri Prabhat Kumar Mishra, Advocate, who has filed Vakalatnama on behalf of the informant in the Court today and the same is taken on record, and Ms. Sudha Sharma, learned AGA, based upon the instructions available with them say that they are ready to argue the case on merits. In these circumstances, the Court proceeded to hearing the instant bail application on merits. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel for the informant as well as perused the record. 3. The present application has been filed on behalf of the applicant seeking bail in Case Crime No. 963 of 2024, under Sections- 319(2), 318(4), 338, 336(3), 340(2), 352, 351(2) BNS, Police Station-Kotwali Sadar, District-Lakhimpur Kheri. 4. While pressing the instant application, learned counsel for the applicant stated that the applicant in fact has not committed any offence and he has falsely been implicated in the present case making allegations against him to the effect that an amount to the tune of Rs. 5 Lakhs and odd were transferred in the account of the applicant for purchasing some piece of land, which in fact is the land of State Government, and Rs. 86 Lakhs and 95 Thousands were provided to others on the instructions of the applicant. 5. It is further stated that charge sheet has been filed against the applicant without any evidence to establish the case before the trial court with regard to transferring the amount to the tune of Rs. 5 Lakhs and odd in the account of the applicant and with regard to other accused, the Investigating Officer (in short "IO") is conducting the investigation. 6. Further submission is that examination-in-chief of the informant has already been concluded and his cross-examination is going on. 7. It is further stated that at this stage of trial if the applicant is released on bail then it would be beneficial for him, as he would be in a better position to assist his counsel to defend his case during trial. Versus Counsel for Applicant(s) : Krishna Mohan Srivastava Counsel for Opposite Party(s) : G.A. Shyam Ji Mishra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) 8. It is also stated that the applicant is languishing in jail since 08.05.2025. As such, taking note of the aforesaid facts and also the period of incarceration and also that criminal history of the applicant has been explained in paragraph 31 of the instant application, the applicant is entitled to be enlarged 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. 9. Learned A.G.A. and learned counsel for the informant opposed the prayer of the applicant. It is stated that in fact the applicant has admitted the transaction between him and informant and therefore, he is not entitled to be released on bail. 10. In response, learned counsel for the applicant says that based upon an admission, the judgment of conviction cannot be passed and it is settled principle of law that it is the prosecution who has to establish its case before the trial court and therefore, taking note of the entire aspects of the case the present application is liable to be allowed and the applicant be enlarged on bail. 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 also taking note of period of incarceration 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- Shyam Ji Mishra 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 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. BAIL No. 9455 of 2025 2 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. October 9, 2025 Arun/- BAIL No. 9455 of 2025 3 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench