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Neutral Citation No. - 2025:AHC:71964 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36703 of 2024 Applicant :- Rati Ram Opposite Party :- State of U.P. Counsel for Applicant :- Keshav Kumar Srivastava,Subhash Chandra Tiwari Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State as well as perused the material brought on record. 2. Learned counsel for the applicant submits that according to prosecution version the first informant lodged FIR against the applicant including one Jagpal Verma and one unknown person alleging therein that on 21.04.2021, an advertisement was published on page no. 7 of daily newspaper Amar Ujala for the post of teacher and other posts. The informant's son applied for the post of assistant teacher. Thereafter applicant came at his house and demanded draft of Rs. 46,500/-. The applicant's son had also applied therein. The informant's son has received salary of two months Rs. 15,000/- respectively. There is inordinate delay in lodging the FIR and independent witness Srikant Pandey is close friend of the complainant and highly independent witness. The co-accused Jag Pal Verma has been released on bail by this bench on on 11.09.2024. Lastly, it was submitted that the applicant is in judicial custody since 125.07.2024 and in case, applicant is enlarged on bail, he will not misuse the liberty of bail. 3. Learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail. 4. 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. 5. Let the applicant- Rati Ram, be enlarged on bail in Case Crime No. 810 of 2023, under Sections 420, 467, 468, 471, 406 IPC, Police Station- Puwayan, District- Shahjahanpur 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 an 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. 6. In case of default of any of the conditions enumerated above, the informant would be free to move an application for cancellation of bail before this Court. Order Date :- 5.5.2025 RPD Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad