Neutral Citation No. - 2025:AHC:85993 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36716 of 2024 Applicant :- Mohammad Sharafat Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Shukla,Rahul Singh Tomar,Sunil Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application under Section 483 of B.N.S.S. has been filed on behalf of applicant for bail in Case Crime No. 574 of 2024, under Sections 319(2), 338, 336(3), 340(2) of B.N.S., Police Station - Badaut District - Baghpat. 2. Learned counsel appearing on behalf of the applicant has submitted that applicant is innocent person and has not committed any offence as alleged in the F.I.R. It is further submitted that applicant has been falsely implicated in the instant case due to ulterior motive. Applicant is a 24 years old. The allegation against the applicant is that he has appeared in the Police Recruitment Examination, 2023, on the basis of forged documents i.e. High School Certificate and Aadhar Card. It is further submitted that he has appeared twice in the High School Examination and in both the examinations he has given the two different date of birth. He is a student and without any criminal intent intentionally for the purpose of seeking a job appeared in the Police Recruitment Examination, 2023, mentioning the date of birth as reflected in High School Certificate, 2016. It is also submitted that applicant is the man of clean antecedents and he has no previous criminal history. It is further submitted that after completion of investigation, charge sheet has been filed on 22.10.2024 by the investigating officer and the court concerned has taken cognizance on 28.11.2024. Applicant is languishing in jail since 21.08.2024. 3. Taking into consideration the aforesaid facts, it is prayed by learned counsel appearing on behalf of applicant that applicant may be released on bail in the aforesaid crime. It is undertaken by learned counsel for the applicant that applicant shall abide by all terms and conditions as imposed by this Court. 4. Per contra, learned AGA vehemently opposed the bail application of applicant and submitted that applicant has forged the documents i.e. TC of F.D. Islamia Inter College, Bilaspur, Muzaffarnagar and High School Memorial Inter College Bano Begum, Narupura, Aligarh and documents regarding the High School and Intermediate Certificates but he has not contended the facts that he is languishing in jail since 9 months and charge-sheet has been submitted and also he has no previous criminal history. 5. Heard Sri Sunil Kumar Tiwari, learned counsel appearing on behalf of applicant, Sri S.K. Ojha, learned AGA appearing on behalf of the State, perused the contents made in bail application and material available on record. 6. I have gone through the contents made in the bail application as well as the documents appended with the bail application and perused the affidavit. It is admitted fact that after completion of investigation, charge sheet has been filed and cognizance has been taken; there is no previous criminal history against the applicant; applicant is languishing in jail about nine months, there is no possibility of completion of trial in near future and there is no material brought by learned AGA to establish that if applicant would be enlarged on bail he will influence the trial or the witnesses. 7. Taking into consideration all the entirety of the matter as discussed above, without expressing any finding or opinion on merits of the case, the applicant is releasing on bail. Accordingly, the bail application is allowed. 8. Let the applicant - Mohammad Sharafat, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- (Fifty Thousand) 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 shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 21.5.2025 VS (Chandra Dhari Singh,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad