NITIN KUMAR DIVYANTversusSTATE OF U.P.

                HIGH COURT OF JUDICATURE AT ALLAHABAD

          CRIMINAL MISC. BAIL APPLICATION No. - 36802 of 2025

Nitin Kumar Divyant
                                                                        .....Applicant(s)
                                         Versus
State of U.P.
                                                                  .....Opposite Party(s)

Counsel for Applicant(s)             :   Ashutosh Kumar Pandey, Madhukar Maurya
Counsel for Opposite Party(s)        :   G.A.

Court No. - 70
                      HON'BLE JAI PRAKASH TIWARI, J.

1. Heard learned counsel for the applicant as well as learned Additional Government
Advocate for the State of U.P. and perused the record.

2. The present bail application has been filed by the applicant seeking bail in Case
Crime No. 157 of 2024, under Sections 409, 467, 468, 471, 120-B IPC, Police Station-
Dhanapur, District - Chandauli.

3. Learned counsel for the applicant submitted that the applicant is innocent and has
been falsely implicated in the present crime. It is further submitted that the applicant
was not named in the first information report, whereby allegations has been made that
some of the employee of State Bank of India withdrew the post retiral benefits of the
first informant that is Rupees seventeen lacs through ATM Card, though applicant has
never received any ATM Card. He was implicated almost a year later, only on the
basis of co-accused's statements during investigation. Nothing has been recovered
from the possession of the applicant. It is further submitted that co-accused- namely
Manteras Kumar and Ravikant have been granted bail by the coordinate Bench of this
Court vide orders dated 4.11.2025 and 20.03.2026 in Criminal Misc. Bail Application
Nos.8128 of 2025 and 37502 of 2025, hence applicant is also entitled for bail on the
same footing. It is also submitted that there is no apprehension that after being
released on bail, he may flee from the course of law or may, otherwise, misuse the
liberty of bail and the applicant is in jail since 24.08.2025, and the possibility of
conclusion of trial in near future is very bleak.

4. Learned A.G.A. has, however, opposed the prayer for grant of bail, but he has not
disputed the above contention made by the learned counsel for the accused-applicant
that co-accused persons have already been released on bail.

5. Considering the facts and circumstances of the case, perusing the record and also
considering the nature of allegations, arguments advanced by the learned counsel for
the parties and keeping in mind that co-accused have already been released on bail by
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                                    this Court and without expressing any opinion on the merit of the case, I find it to be a
                                    fit case for granting bail.

                                    6. Let applicant namely- Nitin Kumar Divyant , be released on bail in the aforesaid
                                    Case Crime Number on his furnishing personal bond and two reliable sureties each of
                                    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 dates 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 of the Indian Penal Code.

                                    (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure
                                    his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fail 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 of
                                    the Indian Penal Code.

                                    (iv) The applicant shall remain present, in person, before the trial court on the dates
                                    fixed for (i) opening of the case, (ii) framing of charge and (iii) 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.

                                    Any violation of above conditions will be treated misuse of bail and learned Court
                                    concerned will be at liberty to pass appropriate order in the matter regarding
                                    cancellation of bail.

                                    May 5, 2026
                                    SFH
                                                                                                    (Jai Prakash Tiwari,J.)




Digitally signed by :-
SYED FAHIM HUSAIN
High Court of Judicature at Allahabad