Neutral Citation No. - 2025:AHC-LKO:655 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13 of 2025 Applicant :- Mahendra Kumar Opposite Party :- State Of U.P. Thru. Secy. Home Lko Counsel for Applicant :- Narendra Gupta Counsel for Opposite Party :- G.A.,Shivendra S Singh Rathore Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, Shri Shivendra S. Singh Rathore, learned counsel for the complainant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with a prayer to release the applicant on bail during the trial in Case Crime No. 472 of 2023, under Sections 419, 420, 467, 468, 471 I.P.C., P.S. Pisawan, District Sitapur. It is contended by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case. He submits that the petitioner is son of late Dharmeshwar and Shivrani and he was born in 1976 and his elder brother, namely, Jadu was born in 1962 and died in 1990 and his father also died in 1986 and his mother namely Shivrani again performed marriage with one Sitaram resident of Gram Panchayat Lilsi, Tehsil Mishrik, District Sitapur. He further submits that when this fact came into knowledge of the applicant that he is son of late Dharmeshwar, he claimed his inheritance before Sub Divisional Officer, Tehsil Maholi (old Tehsil Mishrik), District Sitapur under Section 34 of U.P. Revenue Code, 2006 which is still pending consideration. He also added that in fact, the F.I.R. has been lodged by son of brother of late Dharmeshwar and the matter is civil in nature which is being given colour of criminality. He also added that the applicant is a poor person and he has no intention to commit any offence and there is no criminal history of the applicant, which has been explained in para 27 of the bail application and the applicant is languishing in jail since 15.11.2024. Further submitted that in case, the applicant is granted bail, he will not misuse the liberty and would co-operate in the trial proceedings. Per contra, learned A.G.A. vehemently opposed the prayer of bail and submitted that the applicant was arrested and certain forged documents including the Aadhar Card were also recovered from his possession. He has also submitted that there are two Parivar Registers and one of those is forged. He also submits that it is mentioned in column of the Parivar Registers that 'the entry of the name of present applicant has been made due to inadvertence'. He next submits that statements of the persons of the village are also recorded which is evident that the applicant is not the son of late Dharmeshwar and he has claimed his rights on the basis of forged and fabricated documents. He also submits that the applicant is involved in committing the offence and, thus, the applicant is not entitled to be released on bail. Having heard the learned counsel for the parties and after perusal of record, it transpires that the applicant is claiming to be son of late Dharmeshwar Das though the fact remains that after death of Dharmeshwar, his wife performed marriage second time to one Sitaram resident of Gram Panchayat Lilsi, District Sitapur and it seems that in the aforesaid dilemma, the applicant is claiming inheritance right over the property of late Dharmeshwar Das and matter is still sub-judice before the Sub Divisional Officer, Tehsil Maholi, District Sitapur; there is no criminal history of the applicant, which has been explained in para 27 of the bail application; charge sheet has been filed, as such, there is no possibility of his fleeing away from investigating proceedings; the applicant is languishing in jail since 15.11.2024 and he has undertaken that he will not misuse the liberty of bail if granted and would co-operate in the trial proceedings. Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a case of bail. Let the applicant Mahendra Kumar 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:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code; (3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and (4) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 6.1.2025 Ram Murti Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench