Neutral Citation No. - 2025:AHC:40662 Court No. - 80 Case :- CRIMINAL MISC. APPLICATION U/S 389(2) No. - 1 of 2025 Applicant :- Satyaprakash Opposite Party :- State of U.P. Counsel for Applicant :- Vijai Shanker Tripathi,Vinod Shankar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. The present application under Section 389 (2) of the Criminal Procedure Code has been preferred by the applicant Satyaprakash with the payer to release him on bail under Section 138 Negotiable Instrument Act, P.S. Kyedganj, District Prayagraj during pendency of appeal no.21 of 2018 before the Additional Sessions Judge, Prayagraj. 2. Heard learned Counsel for the applicant as well as the learned AGA for the State. 3. Sataprakash, the present applicant, was prosecuted by the Additional Court (N.I. Act), Court No.1, Allahabad in Complaint Case No. 473 of 2011 under Section 138 Negotiable Instrument Act wherein vide order dated 8.12.2017 he was awarded punishment for two years simple imprisonment with a fine of Rs. 6,00,000/- by the trial court with default clause and it was further ordered that Rs. 5,95,000/- be paid to the complainant as compensation out of the said amount of Rs. 6,00,000/-. 4. It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He has not committed the present offence. Alleged offence is not attracted against him. It is also submitted that due to the COVID- 19 and other financial problem the impugned order dated 8.12.2017 was not complied with but however, subsequently he has paid an amount of Rs. 1,50,000/- as mentioned in the said order and now by way of a supplementary affidavit he has filed a demand draft of Rs. 50,000/- in favour of the complainant and as such out of Rs. 6,00,000/-, Rs. 2,00,000/- have been deposited. It is also submitted that the present applicant is having no malafide intention and he is ready and willing to pay the entire genuine amount. It is further submitted that the applicant is in jail for a period of one year and six months. Criminal history of the applicant has been explained sufficiently. The applicant may be released on bail pending appeal before the Court concerned. It is lastly submitted that maximum sentence awarded to the applicant is of two years. 5. On the other hand, learned AGA opposing the prayer for grant of bail submitted that the applicant has committed the present offence. There is no infirmity or illegality in the impugned order and the application deserves to be rejected. 6. I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record including the impugned order carefully. 7. Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused the fact that Rs. 2,00,000/- has been paid by the applicant, the detention period of the applicant, the Court is of the opinion that the applicant has made out a case for bail. 8. Accordingly, the application is allowed. 9. Let the aforesaid applicant involved in aforesaid case and section be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i). The applicant will not tamper with the evidence during the trial. (ii). The applicant will not pressurize/ intimidate the prosecution witness. (iii). The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. (iv). The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. 10. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 20.3.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad