Neutral Citation No. - 2025:AHC-LKO:11279 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1073 of 2025 Applicant :- Virendra Kumar @ Ramdas Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. Counsel for Applicant :- Samanvya Dhar Dwivedi,Abhishek Mishra,Tarun Tiwari,Vikrant Choudhary Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Samanvya Dhar Dwivedi, learned counsel for the applicant and Sri Ranvijay Singh, learned Additional Government Advocate for the State. 2. As per learned counsel for the applicant, the present applicant (Virendra Kumar @ Ramdas) languishing in jail since 22.09.2024 in Case Crime No.0127 of 2023, under Sections 419, 420, 467, 468, 471, 120-B IPC Police Station- Kotwali Ayodhya, District- Ayodhya. He has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story. 3. In the FIR, the sole allegation has been levelled against the present applicant, however, during investigation the name of other accused persons surfaced namely Ramesh Tiwari @ Ramesh Pathak, Sunil Tiwari, Ashok Kumar Shukla and Ashok Singh. The present applicant is a bonafide purchaser with consideration of the property in question, though the prosecution story says that the present applicant has grabbed the property of one Saint with the help of co-accused Ramesh Tiwari @ Ramesh Pathak, who had impersonated the owner of the property. Learned counsel further stated that saying himself the actual owner one Siya Ram Das has filed a Civil Suit before the Court of Civil Judge (Junior Division) Sadar, Faizabad (Annexure-6) against the present applicant and two other accused persons Sunil Tiwari and Ashok Kumar Shukla. The aforesaid civil suit is pending consideration. Charge sheet has been filed. Co-accused Ramesh Tiwari @ Ramesh Pathak has been granted bail by this Court on 29.01.2025 in Criminal Misc. Bail Application No.888 of 2025. Co-accused Sunil Tiwari @ Sunil Pathak, Ashok Kumar Shukla and Ashok Singh have also been granted bail from District Court, Faizabad in Case Crime No.127 of 2023, under Sections 419, 420, 467, 468, 471 & 120- B IPC, Police Station Kotwali Ayodhya, District Ayodhya/Faizabad, as photocopy of their orders have been shown to the Court. 4. Learned counsel for the applicant has claimed pairity of the co-accused persons. He has submitted that the present applicant is having no prior criminal history of any kind whatsoever. He has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court, shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly. 5. Learned Additional Government Advocate has, however, opposed the prayer for bail but he has not disputed the aforesaid submission of learned counsel for the applicant. 6. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that the co-accused Ramesh Tiwari @ Ramesh Pathak has been granted bail by this Court on 29.01.2025 in Criminal Misc. Bail Application No.888 of 2025, other co-accused Sunil Tiwari @ Sunil Pathak, Ashok Kumar Shukla and Ashok Singh have been granted bail from District Court, Faizabad, the present applicant is having no prior criminal history of any kind whatsoever; and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and he shall cooperate in the trial proceedings properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail. 7. Accordingly, the instant bail application is allowed. 8. Let the applicant (Virendra Kumar @ Ramdas) be released on bail in the aforesaid case crime number 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 appear before the Investigating Officer to cooperate in the investigation and shall further remain present to cooperate in the investigation as and when the Investigating Team calls him to appear and if the charge-sheet is filed against him he shall cooperate in the trial proceedings properly and shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant 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 IPC/269 of the B.N.S., 2023. (iii) 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./84 of B.N.S.S., 2023 is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC/208 of the B.N.S., 2023. (iv) 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./351 of B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. The present applicants shall not leave the country without prior permission of the Court. Order Date :- 21.2.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench