Neutral Citation No. - 2025:AHC:88365 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9181 of 2025 Applicant :- Jitendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Amit Daga,Vikas Tiwari Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. This is the second bail application. The first bail application being Crl. Misc. Bail Application No. 43446 of 2024 of the applicant was rejected by this Court, vide order dated 17.12.2024 2. Heard Sri Amit Daga, learned counsel for the applicant, Sri Rajesh Kumar Singh, learned AGA for the State-respondents and perused the record. Sri Amit Daga, learned counsel at the very outset submits that the first bail application of the applicant was rejected by imposing cost of Rs. 50,000/- to be deposited with the Registrar General, High Court, Allahabad. The applicant has deposited the cost on 06.01.2025 and receipt has been attached at page 28 of the bail application. It is submitted that the bail was denied without touching the merits. 3. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Jitendra Kumar, seeking enlargement on bail in Case Crime No. 285 of 2024, under Sections 420, 409 IPC, Police Station Sipri Bazar, District Jhansi. 4. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 09.10.2024. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that the allegation against the applicant is only that he took excess money from the farmers and deposited less amount in their loan accounts and settled their loan accounts, under OTS Scheme of the Bank. It is submitted that nowhere the case of the prosecution that the applicant duped farmers and received money from them on false promise and did not hand over NOC to them thus, no offence, whatsoever, is made out against the applicant under Section 420 IPC. Nowhere the case of the prosecution that the applicant had misappropriated or embezzled even a single penny of bank, thus no offence is made out against the applicant under Section 409 IPC. It is next submitted that offence under which the applicant is detained in jail is exclusively triable by the Magistrate and the applicant has not committed the alleged crime but he has been falsely implicated the present case. The charge sheet against the applicant has been filed on 21.12.2024 and as such the custodial interrogation of the applicant is no longer required. One criminal history of the applicant has been duly explained. The alleged entire prosecution story against the applicant is false, fabricated and baseless and concocted. Hence, bail has been prayed for. 5. Learned AGA vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Jitendra Kumar, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 22.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad