Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:132887 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41264 of 2024 Applicant :- Pramod Opposite Party :- State of U.P. Counsel for Applicant :- Sudist Kumar,Vijay Singh Sengar Counsel for Opposite Party :- G.A. 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 innocent and has falsely been implicated in the present case. The applicant is named in the F.I.R. along with 26 other accused. Allegation is that 25 tenure holders including the applicant have obtained Kisan Credit Card loan on furnishing a false and fabricated documents.
Learned counsel for the applicant further submits that the applicant is an illiterate person, who is an agriculturist. Pursuant to the F.I.R., an inquiry was conducted by the panel of Lawyers, wherein it was found that that papers were found correct and genuine. Learned counsel next argued that though the papers were genuine and correct but he has not taken any loan and somebody else in collusion with the bank employees while using his documents had borrowed loan. Learned counsel next argued that the matter is pending since 2018 and investigation in the matter is still going on. One similarly circumstanced co-accused, namely, Anil has already been enlarged on bail and as the case of applicant is not on the worse footing than that of the aforesaid co-accused, therefore, applicant may also be enlarged on bail. 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 languishing in jail since 17.09.2024, with no criminal history. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant but he could not dispute the submissions made by learned counsel for the applicant. 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-Pramod, be enlarged on bail in Case Crime No. 943 of 2018, under Sections 406, 420, 467, 468, 471 I.P.C., Police Station- Kotwali Orai, District- Jalaun, 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.
Order Date :- 6.8.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad