Neutral Citation No. - 2025:AHC:25187 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6053 of 2025 Applicant :- Rambabu Manager Opposite Party :- State of U.P. Counsel for Applicant :- Manu Sharma,Tarun Sonkar Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. Matter is taken up in revised call. By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 39 of 2021 at Police Station-Ratanpuri, District-Muzaffarnagar under Sections 420, 467, 468, 406, 506, 120-B I.P.C. The applicant is in jail since 17.11.2024. The bail application of the applicant was rejected by learned Additional District and Sessions Judge, Court No.10, Muzaffarnagar on 09.12.2024. Shri Tarun Sonkar, learned counsel for the applicant contend that the applicant has been falsely implicated in the instant case. The applicant is a manager in the company registered under the name and style of 'M/s Alex Smart Green House Private Limited' (hereinafter referred to as the 'company'). The company has expertise in construction of Poly houses for crop culture. The company and the informant entered into two separate contracts for executing two projects for construction of poly houses. One project was successfully completed. There was some financial disputes between the informant and the company on account of which the second project could not be completed in time. The dispute is a commercial in nature. There was no intent to cheat at a very inception. The company has a past and impeccable success of record in the business. The company has not been impleaded as a party. The applicant being a manager cannot be held personally liable for the acts of the company. Reliance is placed on the law laid down by the Supreme Court in Sushil Sethi and another Vs. The State of Arunachal Pradesh and others, reported at (2020) 3 SCC 240. The applicant is resident of Bihar. He was not aware about the pendency of criminal cases. Hence, he could not appear before the Investigating Officer. Since his arrest, the applicant has cooperated in the investigation. The applicant claims congruency in role and seeks parity in relief granted to the co-accused who has been enlarged on bail by this Court by order dated 01.06.2022 in Criminal Misc. Bail Application No. 5937 of 2022. The applicant has no criminal history apart from the instant case. The applicant is not a flight risk and there is no possibility of his influencing witnesses, tampering with the evidence or reoffending. Shri Suchit Tandon, learned A.G.A. could not satisfactorily dispute the aforesaid submissions from the record. I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on bail. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant-Rambabu Manager be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:- (i) The applicant will not tamper with the evidence or influence any witness during the trial. (ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The learned trial court is directed to fix the sureties after due application of mind in light of the judgement rendered by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023). The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties or onerous conditions which are unrelated to the socioeconomic status of the applicant. Order Date :- 20.2.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad