Neutral Citation No. - 2025:AHC:114425 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45179 of 2024 Applicant :- Gyanesh Pathak Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Tripathi Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Gaurav Tripathi, learned counsel for the applicant, Sri Amrit Raj Chaurasia, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 420 of 2022, under Sections 420, 406, 506 IPC, P.S. Qilla, District Bareilly, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that applicant was the president of the society named as J.K.V. Real Estate Credit Cooperative Society till 2017 and the allegation of persuading the first informant and other investors to deposit money with the assurance of giving a handsome return was made subsequent to the expiry of the service period of the applicant as president of the society. It is further submitted that general allegation has been made against the applicant and all the offences are punishable up to 7 years. It is further submitted that during investigation, applicant has cooperated after receiving the notice u/s 41-A Cr.P.C. Therefore, there is no necessity to keep the applicant in jail. It is further submitted that the applicant has no prior criminal history except all the cases lodged in the year 2022 along with the present case which has been explained by the applicant in paragraph No. 20 of the supplementary affidavit. Therefore, in view of the law laid down by the Apex Court in the cases of Satender Kumar Antil vs Central Bureau of Investigation and another reported in (2022) 10 SCC 51 and Siddharth Vs. State of Uttar Pradesh & Another reported in (2022) 1 SCC 676, applicant is entitled to be released on bail. Charge sheet has already been filed, therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and he is languishing in jail since 12.7.2024. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Gyanesh Pathak involved in the aforementioned 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, with the following conditions:- i. 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. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 15.7.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad