Neutral Citation No. - 2025:AHC:126159 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12456 of 2025 Applicant :- Dr Amitabh Kumar Srivastava @ Amitabh Srivastava Opposite Party :- State of U.P. Counsel for Applicant :- Syed Fahim Ahmed Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard Shri Satendra Kumar Yadav, holding brief of Shri Syed Fahim Ahmed, learned A.G.A. for the State and perused the material brought on record. 2. There is allegation against the applicant of committing the offence of cheating and criminal breach of trust in collusion with other co- accused. 3. Learned counsel for the applicant has submitted that the applicant claims himself to be former Director of the construction company in dispute. He further submits that 200 cases have been registered against the applicant. Main accused, Rashid, is absconding. A number of employees of the company have been implicated in the cases. The applicant is one of them. The applicant has been falsely implicated in this case. The applicant was having no criminal history and after his arrest 36 cases have been against the applicant. He has been enlarged on bail in several cases and is languishing in jail since 17.10.2020. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. 4. Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. 5. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 6. Let the applicant-Dr. Amitabh Kumar Srivastava @ Abhitabh Srivastava, be enlarged on bail in Case Crime No. 03 of 2022, under Sections 409, 420, 120-B I.P.C., Police Station- Cantt. District- Varanasi, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 7. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. Order Date :- 29.7.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad