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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 42566 of 2024 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. Learned counsel for the applicant submits that the applicant is absolutely innocent and has been falsely implicated in the present case. Learned counsel for the applicant further submits that the applicant is named along with three other accused. The allegation is that two other accused submitted documents for the surety of applicant in some other case, which documents on the inquiry were found forged. Learned counsel further submits that applicant was in jail while those two persons submitted documents for his surety and who prepared forged Adhar card of the applicant is not known. The two accused against whom there is allegation of preparing forged Adhar Card have already been enlarged on bail. There is no evidence on record to show that applicant had ever met those two accused to commit such crime for his release. The applicant is completely oblivious with the fact that who is the person who produced such persons for submitting bail bonds on behalf of applicant. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant is in jail since 30.08.2024, with a criminal history of one case in which he is on bail. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. Versus Counsel for Applicant(s) : Manoj Kumar Gupta, Pravin Kumar Mishra Counsel for Opposite Party(s) : G.A. Ankit Bhardwaj .....Applicant(s) State of U.P. .....Opposite Party(s)
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-Ankit Bhardwaj, be enlarged on bail in Case Crime No. 155 of 2024, under Sections 61(2), 319(2), 318(4), 338, 336(3), 340(2) of B.N.S., Police Station- Lohata, District- Varanasi, 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 any 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 court concerned shall be at liberty to cancel the bail of applicant in accordance with law. October 6, 2025 Mustaqeem. BAIL No. 42566 of 2024 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad