Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:116625 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40392 of 2024 Applicant :- Devendra Opposite Party :- State of U.P. Counsel for Applicant :- Satish Kumar Yadav,Satya Narayan Yadav Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Rejoinder affidavit filed today by learned counsel for the applicant is taken on record. 2. Heard Sri Satya Narayan Yadav, learned counsel for the applicant and Sri Rajiv Kumar Singh, learned State A.G.A and perused the material available on record. 3. Applicant seeks bail in Case Crime No. 189 of 2022, under Sections 420, 406 of I.P.C., Police Station - Bhogaon, District - Mainpuri, during the pendency of trial. 4. Contention of the learned counsel for the applicant is that as per allegation of first information report co-accused Anek Singh and other co-accused persuaded the first informant to pay them money so that they could ensure the release of fund in Pradhan Mantri Loan Scheme in which he will get subsidy, thereafter, neither loan was sanctioned nor the money was returned. It is further submitted that there is no allegation against the applicant for taking any money or any amount in his account, the only allegation is that brother of the applicant by committing forgery opened a joint account in the name of the applicant and thereafter misuse the same in making transaction. It has been further submitted that all the offence are punishable upto 7 years. Charge sheet has already been submitted, therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and is languishing in jail since 06.07.2024. Criminal history of the applicant has been properly explained in Rejoinder affidavit. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 5. On the other hand, learned A.G.A. for the State opposed the
prayer for bail, but he could not dispute the aforesaid fact. 6. Thus, considering the entire facts and circumstances of the case as well as law laid down by the Apex Court regarding offences punishable upto 7 years in Satender Kumar Antil Vs.
Central Bureau of Investigation and Another reported in (2021) 10 SCC 773 and Siddharth vs State of U.P. and another; (2022) 1 SCC 676 and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 7. Let the applicant- Devendra, involved in the aforementioned crime be released on bail, on his 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 not directly or indirectly make any 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 to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him.
8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 17.7.2025 PS Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad