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Neutral Citation No. - 2025:AHC:125415 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39413 of 2024 Applicant :- Arvind Opposite Party :- State of U.P. Counsel for Applicant :- Avadh Pratap Singh Shishodia,Brijesh Kumar,Gaurav Singh Tomar,Giriraj Pandey,Inder Pal Singh Tomar,Rahul Gaur Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Ms. Anjali Singh Tomar, learned Advocate submits, Sri I.P.S. Tomar, Advocate is also one of the counsel for applicant but today Sri Brijesh Kumar, another counsel for applicant sent illness slip although, as per her instructions, he was not having any instructions from the applicant. 2. She further submits, earlier also one previous counsel for applicant sent illness slip, therefore, on 17.07.2025, the case was passed over. She further submits, as applicant is in jail for almost eleven months, therefore, the instant bail application may be heard. 3. In view of above, the instant bail application is being heard. 4. Heard Ms. Anjali Singh Tomar, learned counsel for the applicant and Sri Kunwar Tejandra Bahadur, learned AGA for the State. 5. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 620 of 2020, under Sections 419, 420, 467, 468, 471, 120B IPC and Section 8 of P.C. Act, Police Station Banda, District Shahjahanpur during pendency of the trial. 6. Learned counsel for the applicant submits, as per allegation, applicant and other accused persons on the basis of forged documents provided jobs to illegible persons in the force but entire allegation leveled against the applicant is totally false. 7. She next submits, even from the FIR it reflects, name of applicant was disclosed in the FIR through an information given by co-accused Mukesh Kumar. She further submits, except
applicant all the accused including co-accused Mukesh Kumar have been released on bail by the co-ordinate Bench of this Court and their bail orders have been annexed along with instant bail application. 8. She further submits, applicant is not having any criminal history and in the present matter he is in jail since 07.09.2024 i.e for almost eleven months. 9. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for the parties and perused the record of the case. 11.
However, from the FIR it reflects, allegations leveled against the applicant and others are quite serious but FIR further suggests that name of applicant was disclosed through the information given by co-accused Mukesh Kumar. 12. Further, along with applicant six other co-accused were also made accused with similar allegations and all the accused including co-accused Mukesh Kumar have been released on bail by the co-ordinate Bench of this Court. 13. Further, applicant is not having any criminal history and in the present matter he is in jail since 07.09.2024 i.e for almost eleven months. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant - Arvind be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 17. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 18. 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.
Order Date :- 29.7.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad