Neutral Citation No. - 2025:AHC:79984 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7111 of 2025 Applicant :- Devakinandan Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Diwan Saifullah Khan Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application has been filed by applicant under Section 483 of B.N.S.S., seeking bail in Case Crime No.176 of 2021, under Sections 204, 409, 420 I.P.C., Police Station - Makkhanpur, District - Firozabad, during the pendency of trial. 2. Learned Senior Counsel appearing on behalf of the applicant has submitted that the applicant is Secretary in the Co-operative Society and allegations against him are that he has not handed over Receipt No.811 for the year 2019-20 and also fertilizers selling register as well as other documents to the newly appointed Secretary of the Co-operative Society. It is further submitted that after perusing the certain documents on record, it was allegedly found that applicant has embezzled Rs.43,49,513/- of the public fund. It is vehemently submitted by learned Senior Counsel for the applicant that the allegations, which have been leveled against the applicant, are false and fabricated and he has not committed any offence as alleged in the FIR. It is also vehemently submitted that after perusing the evidence on record, there is no credible evidence found to connect the applicant prima-facie for offence punishable under Section 409 of I.P.C. It is further submitted that police investigating agency after completion of investigation, collected all the documentary evidence and filed charge sheet on 27.01.2025 upon which, cognizance has been taken by the court concerned on 28.01.2025. It is further submitted that applicant is reputed and law abiding citizen of the society and he is permanent resident of Kheda Sikhara, District Firozabad and therefore, there is no flight risk. Applicant is a man of clean antecedents and he is languishing in jail since 20.01.2025 i.e. for last almost four months. It is further submitted that applicant has given undertaking that he shall abide with all terms and conditions as imposed by this Court and there is no possibility of completion of trial in near future. 3. Per contra, learned AGA vehemently opposed the bail application of applicant and submitted that applicant is charged for offence punishable under Section 409 of I.P.C., in which there is maximum sentence may be awarded for life imprisonment in case of conviction and there is sufficient material on record collected by the investigating agency during investigation, therefore, the charge-sheet has been filed against the applicant and the court concerned after perusing the material in the charge-sheet prima- facie satisfied for taking cognizance against him and therefore, there is no force in the argument of the learned Senior Counsel appearing on behalf of the applicant that there are no credible evidence on the record to connect the applicant for offence punishable under Section 409 of I.P.C. but he has not denied the fact that applicant is a man of clean antecedents and law abiding citizen of the society and he is permanent resident of Kheda Sikhara, District Firozabad he is languishing in jail since 20.01.2025 i.e. for last almost four months. 4. Heard learned Senior Counsel for the applicant, learned AGA and perused the contents made in the instant bail application and material available on record. 5. It is admitted fact that investigation has already been completed in the said case and maximum evidence is in documentary nature, which has been collected by the I.O. during investigation and filed the charge-sheet but there are no allegations made by learned A.G.A. during the course of arguments that the applicant has not co-operated with the investigation during investigation. It is also admitted fact that applicant is a man of clean antecedents and law abiding citizen of the society and he is permanent resident of Kheda Sikhara, District Firozabad he is languishing in jail since 20.01.2025 i.e. for last almost four months, therefore, I do not find that there is flight risk; undertaking given by learned Senior Counsel appearing on behalf of the applicant that applicant shall abide with all terms and conditions as imposed by this Court; there is no possibility of completion of trial in near future. 6. Taking into consideration the aforesaid reasons as stated above and without expressing any opinion on the merit of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 7. Let the applicant - Devakinandan Yadav, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs.1,00,000/- (Rupees One lakh) and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i). The applicant shall not tamper with the evidence. (ii) The applicant 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 313 Cr.P.C./351 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of 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. (iii) The applicant shall submit his passport, if having, before the court concerned. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 14.5.2025 Zafar (Chandra Dhari Singh,J.) Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad