HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10120 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record. 2. In the prosecution case, it is alleged that the 410 toilets were constructed by the present applicant, who was the Gram Pradhan of the village in question w.e.f. 2015-2020. 3. Learned counsel for the applicant submits that the applicant has no criminal antecedents and is languishing in jail since 28.09.2025. The submission of learned counsel for the applicant is that the alleged incident is of the year 2018, wherein the District Panchayati Raj Officer, vide his letter dated 10.04.2019 addressed to the District Magistrate as well as other District Officers has informed that the shortcomings in the construction have been rectified and compliance with regard to the above subject has been disposed of and the complaint was closed in favour of the applicant. The letter dated 10.04.2019 is annexed as annexure no.6 to the present application. 4. Further submission of learned counsel for the applicant is that on perusal of annexure no.6, it is evident that no case of cheating or criminal breach of trust is made out against the present applicant, even otherwise, the applicant has no criminal history and the alleged offences are triable by Magistrate. It has also been submitted that the chargesheet in this case has been filed. Versus Counsel for Applicant(s) : R.B.S. Rathaur, Anurag Singh Rathaur Counsel for Opposite Party(s) : G.A. Siyadhar .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. .....Opposite Party(s) 5. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 6. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 7. Considering the facts and circumstances of the case, and also considering the nature of allegations, arguments advanced by learned counsel for the parties, as also the period for which the applicant is in jail i.e. since 28.09.2025; as also the fact that the applicant has no previous criminal history and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. 8. Accordingly, the bail application is allowed. 9. Let the applicant Siyadhar involved in Case Crime/FIR No.0105 of 2018, Under Sections-419, 420, 409 of IPC., Police Station- Barasagwar, District- Unnao, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) 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. (v) The applicant shall remain present before the trial court on each date BAIL No. 10120 of 2025 2 fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) 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. (now Section 84 BNSS) is issued and the 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 (now Section 209 of BNS). 10. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. October 16, 2025 DiVYa BAIL No. 10120 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench