HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30301 of 2026 Court No. - 70 HON'BLE JAI PRAKASH TIWARI, J. Heard learned counsel for the applicant and learned AGA for the State- respondent and perused the record of the case. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 238 of 2022, under Sections 418, 420, 467, 468, 471, 120-B IPC, Police Station- Kundarki, District- Moradabad, during pendency of the trial in the court concerned. Learned counsel for the applicant submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. It is next submitted that applicant is having no concern with the allegations levelled against him and he has not committed any offence as alleged by prosecution. It is further submitted that both the parties have arrived at an amicable settlement and pursuant thereto, a compromise deed dated 08.02.2024 has been duly executed between the parties, which has been annexed as Annexure No. 5 to the instant bail application. A perusal of the said compromise deed makes it evident that the dispute between the parties arose out of a commercial/business transaction involving monetary dealings. In view of the amicable settlement arrived at between the parties, all disputes and differences between them have since been resolved and no dispute remains subsisting between the parties in respect thereof. On the basis of said compromise, entire proceedings of the subject case pending against co-accused Sarthak Rastogi has been quashed by co-ordinate Bench of this Court vide order dated 22.8.2025 in Application U/s 482 No. 39859 of 2024. Criminal history of the applicant has been explained in paragraph no. 10 of the instant bail application and he is languishing in jail since 10.01.2023 i.e. for last more than three and half years. It is also submitted that the applicant undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. Versus Counsel for Applicant(s) : Tarun Kumar Srivastava Counsel for Opposite Party(s) : G.A. Kapil Rastogi .....Applicant(s) State of U.P. .....Opposite Party(s) The prayer for bail has been vehemently opposed by learned A.G.A. Considering the facts and circumstances of the case, perusing the record, evidence and also considering the nature of allegations, arguments advanced by the learned counsel for the parties, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. Let applicant, Kapil Rastogi be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:- (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. It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted. In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. September 8, 2026 KK Patel BAIL No. 30301 of 2026 2 (Jai Prakash Tiwari,J.) Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad