Neutral Citation No. - 2025:AHC:12004 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40369 of 2024 Applicant :- Deshbandhu @ Rinku Opposite Party :- State of U.P. Counsel for Applicant :- Shantanu Pandey,Shashi Kant Pandey Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Non encumbrance certificate dated 28.11.2017 issued by the informant, produced by Sri Rishi Chaddha, learned AGA, the same is taken on record. 2. Heard learned Counsel for the applicant, learned A.G.A. for the State and perused the record. 3. The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 549 of 2021, under Sections 420, 467, 468 and 471 I.P.C., Police Station- Sikandrarau District- Hathras during pendency of the trial. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The loan was issued in favour of the applicant by the bank after verification of the records. In this regard, the informant himself has issued the non encumbrance certificate dated 28.11.2017. The applicant had been paying the loan in installments to the bank. No offence is made out against the applicant. It is next contended that identically placed two co-accused Shiva @ Shiv Kumar and Dharmveer have been granted bail by this Court vide orders 24.7.2023 and 3.8.2023 passed in Criminal Misc. Bail Application Nos.31049 of 2023 and 33935 of 2023 respectively. The applicant claims parity. The applicant does not have any criminal history. The applicant is in jail since 25.8.2023. In case he is enlarged on bail, he will not misuse the said liberty. 5. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having heard counsel for the parties and having perused the record, this Court prima facie finds that the informant himself has issued the non encumbrance certificate to the applicant. Identically placed co-accused Shiva @ Shiv Kumar and Dharmveer have been granted bail by this Court. The applicant has no criminal antecedents. Further the applicant has presently remained confined for almost one year five months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting 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, Deshbandhu @ Rinku involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not tamper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court. 8. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 23.1.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad