Neutral Citation No. - 2025:AHC:52233 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6070 of 2025 Applicant :- Vishal Khurana Opposite Party :- State of U.P. Counsel for Applicant :- Ashwini Kumar Ojha Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Ashwini Kumar Ojha, learned counsel for the applicantsand Sri Birendra Pratap Singh, learned counsel for the State and perused the material on records. 3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant-Vishal Khurana seeking enlargement on bail during trial in connection with Case Crime No.647 of 2024, under Sections 111, 318, 336(3), 61(2), 340(2), 352, 351(3) B.N.S., 2023 and Section 3/21 of Banning of Unregulated Deposit Scheme Act, 2019, Police Station Kotwali, District Lalitpur. 4. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the applicant worked with LUCC Company for a limited period only upon the insistence/request made by the father-in-law of the applicant and has been victimized and made as an accused. It is further submitted that LUCC Company had committed fraud and in no way the applicant can be held responsible for doing so. In a similar case in which applicant is also one of the accused, co- accused Satish and Ram Naresh Sahu have been granted bail by this Court vide order dated 5.4.2025 passed in Criminal Misc. Bail Application No.6680 of 2025, copy of the same produced by learned counsel for the applicant is taken on record. The applicant is in jail since 14.1.2025. 6. Per contra learned counsel for the State opposed the prayer for bail. 7. After hearing the counsel for the parties and perusing the record, it is evident that the applicant worked with LUCC Company for a limited period only upon the insistence/request made by the father- in-law of the applicant and has been victimized and made as an accused. In a similar type of case, co-accused have been granted bail by this Court. 8. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 9. Let the applicant-Vishal Khurana, 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 concerned with the following conditions which are being imposed in the interest of justice:- i) The applicant (s) will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant (s) will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant (s) shall file an undertaking to the effect that he/they shall not seek 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 (s) will not misuse the liberty of bail in any manner whatsoever. In case, the applicant (s) misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 BNSS, 2023, may be issued and if applicant (s) fails/fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/them, in accordance with law, under section 209 BNS, 2023. (v) The applicant (s) shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 BNSS, 2023. If in the opinion of the trial court absence of the applicant (s) 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/them in accordance with law and the trial court may proceed against him/them under Section 269 BNS, 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant (s). 10. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant (s) to prison. 11. The bail application is allowed. 12. Pending application (s), if any, shall stand disposed of. (Samit Gopal, J.) Order Date :- 9.4.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad