Neutral Citation No. - 2025:AHC:72651 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6955 of 2025 Applicant :- Yogendra Rathore Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Singh,Sanjay Vikram Singh Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. Instant application filed under Section 483 of B.N.S.S seeking bail in Case Crime No.99 of 2024, under Section 409 I.P.C.., Police Station Shrinagar, District Mahoba. 2. Learned counsel appearing on behalf of applicant submitted that applicant is a daily wager in the Post Office who has been employed by co-accused Akhilesh who was working as Post- Master in the said Post Office. The allegation against the applicant is that in connivance with co-accused Akhilesh he has embezzled Rs. 39, 65, 525/-from the post office. It is further submitted that applicant is innocent person and he was not aware about any embezzlement. It is further submitted that co-accused Akhilesh has already deposited the embezzled amount in the Post Office. It is further submitted that the said fact has already been explained in para-13 of the affidavit filed in support of the bail application. Learned counsel appearing for the applicant also apprised the Court that co-accused Akhilesh has not been arrested as yet by the police. Applicant has no previous criminal antecedents. He is languishing in jail since 28.11.2024. Learned counsel appearing on behalf of applicant also undertaken that he will abide by all terms and conditions as imposed by this Court while granting bail. 3. Per contra, learned A.G.A. appearing on behalf of State vehemently opposed the instant bail application but he has not contradicted the facts as stated above by learned counsel for the applicant. 4. Heard learned counsel for the applicant as well as learned A.G.A. appearing on behalf of the State in advance notice and perused the contents made in the first information report as well as material placed on record. 5. It is admitted fact that applicant was not employed by the Post Office. He has been employed by the Post Master i.e. Akhilesh. The role assigned to the present applicant is that in connivance with the co-accused Akhilesh he has embezzled Rs. 39,65,525/- from the post office. It is also not denied by learned A.G.A. that the said money has already been deposited by the co-accused Akhilesh in the Post Office. Applicant is a man of clean antecedents and he is languishing in jail for about five months. No material brought on record by the learned A.G.A. that applicant will not co-operate in trial and he may influence the witnesses.There are very dim chance of completion of trial in near future. 6. Taking into consideration all entirety of the matter as discussed above, evidence and material on record, nature of offence, without expressing any opinion on the merits of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 7. Let the applicant- Yogendra Rathore, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- 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 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 B.N.S.S. If in the opinion of the Trial Court absence of the applicant 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 in accordance with law. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 6.5.2025/AKT (Chandra Dhari Singh, J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad