Neutral Citation No. - 2025:AHC-LKO:5131 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 770 of 2025 Applicant :- Pankaj Verma Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Sectt. Lko Counsel for Applicant :- Ganga Prasad Mishra,Abhinav Mishra Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No.0377 of 2024, under sections 419, 420, 467, 468, 471 and 120-B of the I.P.C., Police Station-Kotwali Nagar, District-Ayodhya. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He added that the applicant is neither vendor nor vendee or the marginal witness of the sale deed in question. He next added that the applicant has specifically taken plea in paragraph no. 7 of the bail application that he is not the beneficiary of the sale deed in question. He submits that there is no ample evidence against the applicant and he is a law abiding citizen and he is languishing in jail since 05-11-2024 and there is one case criminal history of the applicant, which has been explained. Further submitted that the applicant undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submits that the role of the applicant is being the purchaser in the instant matter and by impersonating the purchaser, he had put his thumb impression and also furnished the identity card etc. and therefore, the applicant is involved in committing offence and as such, he is not entitled for any relief. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is neither seller, purchaser or the marginal witness of the sale deed in question. The State has failed to demonstrate any evidence on record that any amount has ever been incredited in the account of the applicant. This court has also noticed the fact that if the allegations against the applicant are taken as true, then, what benefit, he would get after impersonating the purchaser and therefore, this story of the prosecution, prima-facie, seems to be improbable. Further, one case criminal history of the applicant has been explained and there is no complaint that the applicant is not cooperating in the investigation proceedings and he is languishing in jail since 05-11-2024 coupled with the fact that he has undertaken that if he is granted bail, he will not misuse the liberty of the same and would cooperate 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 fit case of bail. Let the applicant-Pankaj Verma, 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 sufÏcient 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 :- 27.1.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench