Neutral Citation No. - 2025:AHC:75121 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40010 of 2024 Applicant :- Dheeraj Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Baldev Shukla,Himanshu Shukla,Narendra Mohan,Ram Shiromani Shukla,Shiksha Shukla Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. Instant application filed under Section 483 of B.N.S.S seeking bail in Case Crime No. 472 of 2024, under Sections 318 (4), 338, 336(4), 340(2) of B.N.S., Police Station Sadar Bazar, District Saharanpur. 2. Learned counsel appearing for the applicant submitted that applicant is innocent and he has not committed any offence as alleged in the first information report. He has been falsely implicated in the instant case due to ulterior motive. It is also submitted that he has no previous criminal antecedents. He is languishing in jail since 23.08.2024 i.e. more than nine months. It is further submitted that the applicant is aged about 32 years old person. It is further submitted that as per prosecution story, he appeared in the employment examination on the post of constable in U.P. police submitting a second certificate of high school and he has appeared in the High School Examination on second time on the different date of birth to intent as he was over-aged for the purpose appearing in recruitment examination as of the correct date of birth, he became over-aged. The correct date of birth is 23.12.1992 and he has changed his date of birth in second high school examination as 05.01.2002. It is further submitted that there are no mens-rea for committing any crime but for getting a job. He has committed the alleged offence changing his date of birth in the high school examination. It is further submitted that after completion of investigation charge sheet has been filed on 30.10.2024. He further submitted that considering the aforesaid facts and circumstances, applicant may also be enlarged on bail. Learned counsel appearing on behalf of applicant also undertaken that he will abide by all terms and conditions as imposed by this Court while granting bail. 3. Per contra, learned A.G.A. appearing on behalf of State vehemently opposed the instant bail application but could not dispute the aforesaid fact as argued by the learned counsel for the applicant. 4. Heard learned counsel for the applicant as well as learned A.G.A. appearing on behalf of the State in advance notice and perused the contents made in the first information report as well as material placed on record. 5. It is admitted fact that applicant is languishing in jail since 23.08.2024. There are no previous criminal history of the applicant and charge sheet has already been filed after completion of investigation. The applicant has changed the date of birth in the form of high school examination as he was over-aged for appearing in recruitment examination on the post of constable in U.P. Police. After perusing the other material of the records, I am prima facie convinced that the applicant has no intention to commit the alleged offence but he was so disparaged for getting the job and adopted the wrongful means. It is also undertaken on behalf of applicant that he will abide by all terms and conditions as imposed by this Court while granting bail. No material brought on record by the learned A.G.A. that applicant will not co-operate in trial and he may influence the witnesses. 6. Taking into consideration all entirety of the matter as discussed above, evidence and material on record, nature of offence and without expressing any opinion on the merits of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 7. Let the applicant- Dheeraj Kumar, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- 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. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 8.5.2025 Sanjeet (Chandra Dhari Singh,J.) Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad