Neutral Citation No. - 2025:AHC-LKO:9111 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1114 of 2025 Applicant :- Divya Sharma And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. Counsel for Applicant :- Dinesh Kr. Chaudhary,Amar Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Supplementary affidavit filed today by the counsel for the applicant is taken on record. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicants with the prayer to release them on bail during the trial in Case Crime No. 397 of 2024, under Sections 409,420 IPC, Police Station- Safdarganj, District- Barabanki. Contention of learned counsel for the applicants is that the applicants are innocent and have falsely been implicated in the instant matter due to ulterior motive. He submits that admittedly, the applicants had taken the amount of Rs. 3,56,000/- and no offence has been committed by them as mens rea is missing. He next submits that the bonafide of the applicants is apparent as they have already repaid back Rs. 50,000/- to the person concerned and they are ready to repay back Rs. 3,06,000/- within a period of one month from the date of their release. He further submits that the applicants have properly explained their criminal history in the bail application as well as in the supplementary affidavit filed today and they are languishing in jail since 17.12.2024. He also submits that the applicants undertake that in case, they are granted bail, they will not misuse the liberty of the same and would cooperate in the trial proceedings. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submits that there is ample evidence against the applicants that they were involved in committing the aforesaid offence and thus, they are not entitled for any relief. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicants are languishing in jail since 17.12.2024 and the criminal history has been explained in the bail application as well as in the supplementary affidavit filed today coupled with the fact that the applicants are ready to repay back the rest of the amount of Rs. 3,06,000/- to the person concerned and they have undertaken that if they are granted bail, they will not misuse the liberty of the same and would cooperate in the trial proceedings. Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Accordingly, the instant bail application is allowed. Let the applicants- Divya Sharma and Abhijeet Sharma involved in the aforementioned crime be released on interim bail, on their furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- (1) The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. They shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code; (3) The applicants 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.; and (4) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against them, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicants to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. It is provided that if the applicants fail to pay the amount of Rs. 3,06,000/- to the person concerned within one month from the date of their release from jail, they shall surrender before the C.J.M. concerned who would proceed against them in accordance with law. List/put up this matter on 18.03.2025. In the meantime, learned AGA may file counter affidavit. Order Date :- 12.2.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench