Neutral Citation No. - 2025:AHC-LKO:13583 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1968 of 2025 Applicant :- Vishnu Tiwari @ Vishanu Prakash Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Manoj Kumar Misra Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, the 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. 191 of 2023, under Sections 419, 420, 467, 468, 471, 120-B I.P.C., P.S.-Kotwali Nagar, District - Gonda. 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 applicant is a marginal witness and allegation against him is that he is a witness of the forged will deed which is said to be executed in the year 1996. He added that the mens rea is missing in the present matter and without cogent piece of evidence, the police has implicated him. He submits that co-accused Sunita Devi has already been granted Anticipatory Bail Application U/S 438 Cr.P.C. No.2716 of 2024, vide order dated 17.12.2024. He further submits that there is no previous criminal history of the applicant and the applicant is languishing in jail since 29.11.2024 and 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 is involved in committing the aforesaid offence, as such, he is not entitled to be released on bail. But he could not dispute the fact that co-accused has already been granted anticipatory bail. Having heard the learned counsel for the parties and after perusal of record, it transpires that the applicant is a marginal witness; mens rea is missing in the present matter; there is no cogent piece of evidence against the applicant; co-accused Sunita Devi has already been granted Anticipatory Bail Appplication U/S 438 Cr.P.C. No.2716 of 2024, vide order dated 17.12.2024; there is no previous criminal history of the applicant; the applicant is languishing in jail since 29.11.2024; 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 Vishnu Tiwari @ Vishanu Prakash Tiwvari 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 :- 5.3.2025 Ram Murti Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench