HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 36802 of 2025 Court No. - 70 HON'BLE JAI PRAKASH TIWARI, J. 1. Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record. 2. The present bail application has been filed by the applicant seeking bail in Case Crime No. 157 of 2024, under Sections 409, 467, 468, 471, 120-B IPC, Police Station- Dhanapur, District - Chandauli. 3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime. It is further submitted that the applicant was not named in the first information report, whereby allegations has been made that some of the employee of State Bank of India withdrew the post retiral benefits of the first informant that is Rupees seventeen lacs through ATM Card, though applicant has never received any ATM Card. He was implicated almost a year later, only on the basis of co-accused's statements during investigation. Nothing has been recovered from the possession of the applicant. It is further submitted that co-accused- namely Manteras Kumar and Ravikant have been granted bail by the coordinate Bench of this Court vide orders dated 4.11.2025 and 20.03.2026 in Criminal Misc. Bail Application Nos.8128 of 2025 and 37502 of 2025, hence applicant is also entitled for bail on the same footing. It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 24.08.2025, and the possibility of conclusion of trial in near future is very bleak. 4. Learned A.G.A. has, however, opposed the prayer for grant of bail, but he has not disputed the above contention made by the learned counsel for the accused-applicant that co-accused persons have already been released on bail. 5. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and keeping in mind that co-accused have already been released on bail by Versus Counsel for Applicant(s) : Ashutosh Kumar Pandey, Madhukar Maurya Counsel for Opposite Party(s) : G.A. Nitin Kumar Divyant .....Applicant(s) State of U.P. .....Opposite Party(s) this Court and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail. 6. Let applicant namely- Nitin Kumar Divyant , be released on bail in the aforesaid Case Crime Number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) 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. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fail 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 of the Indian Penal Code. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. 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. Any violation of above conditions will be treated misuse of bail and learned Court concerned will be at liberty to pass appropriate order in the matter regarding cancellation of bail. May 5, 2026 SFH BAIL No. 36802 of 2025 2 (Jai Prakash Tiwari,J.) Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad