Neutral Citation No. - 2025:AHC:75002 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40017 of 2021 Applicant :- Rajnikant Shukla Opposite Party :- State of U.P. Counsel for Applicant :- Lokesh Kumar Dwivedi,Vijay Kumar Ojha Counsel for Opposite Party :- G.A.,Ghanshyam Das Mishra Hon'ble Ram Manohar Narayan Mishra,J. 1. Supplementary affidavit filed on behalf of the applicant is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A for the State of U.P., Shri Ghanshyam Das Mishra, learned counsel for the informant and perused the record. 3.The present bail application has been filed on behalf of the applicant in Case Crime/FIR No.410 of 2016, under Sections 419, 420, 504 and 506 I.P.C., Police Station-Industrial Area, District-Allahabad, with the prayer to enlarge him on bail. 4. At the very outset, learned counsel for the informant admitted that in compliance of the order dated 09.12.2024, applicant has duly deposited the amount of Rs.2,50,000/-, vide demand draft No.161778 dated 17.03.2025 before the Court below, but the same has been issued in the name of A.C.J.M., Prayagraj, whereas there is no official account. Therefore, he prayed that applicant may be directed to get the said demand draft cancelled and re-issued the same in the name of informant so he may get it encash. 5. Applicant is directed to get back the demand draft of Rs.2,50,000/- and same may be cancelled and re-issued in the name of informant, namely, Ashok Kumar Sharma. 6. The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case and he is in jail since 20.06.2021. It is further submitted on behalf of applicant that only two witnesses have been examined before the trial Court and conclusion of trial is likely to take further time and formal witnesses are still for getting to be examined along with witnesses of fact also. He next submitted that alleged offences are triable by Magistrate and applicant has already spent half of the maximum sentence provided for the offence. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. as well as learned counsel for the informant opposed the prayer for grant of bail to the applicant. 8. Considering the rival submissions of learned counsel for the applicant, learned A.G.A. and learned counsel for the informant and bonofide shows by the applicant of depositing Rs.25 % of the money involved in the case in question by way of demand draft, I am of the view that the applicant is entitled to be released on bail. 9. Let the applicant-Rajnikant Shukla, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in 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 date 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 IPC. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails 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 IPC. (iv) 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. 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. (v) The applicant will ensure the production of demand draft of Rs.2,50,000/- in the name of informant, namely, Ashok Kumar Sharma before release pursuant to the present bail order. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 8.5.2025 Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad