Neutral Citation No. - 2025:AHC-LKO:21747 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2227 of 2025 Applicant :- Govind Prasad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Adarsh Kumar Maurya,Ramdhar Yadav Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. Counter affidavit filed today on behalf of the Sate is taken on record. Heard learned counsel for the applicant, learned AGA 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. 0712 of 2019, under Sections 419, 420, 467, 468, 471 IPC, Police Station Wajeerganj, District Lucknow. Contention of learned counsel for the applicant is that the applicant is innocent and he has falsely been implicated in the instant matter due to ulterior motive. He next submits that the applicant was never involved in committing the offence. He next added that the applicant is shown as a marginal witness over the registered sale-deed, though the co-accused, namely, Kallu, against whom the allegation of impersonation is made, has already been enlarged on bail by this Court vide order dated 07.05.2024 passed in Crl. Misc. Bail Application No. 14960 of 2023. He next submits that applicant has no criminal history and the chargesheet has been filed in this matter and, as such, there is no possibility that the applicant would tamper the evidences or threaten the witnesses. He next submits that the matter is triable by Magistrate and the applicant is languishing in jail since 10.01.2025 and there is no possibility that the trial would be concluded in near future. He also added that the applicant undertakes that he will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings. Thus, submission is that the applicant may be enlarged on bail. Per contra, learned counsel appearing for the complainant has opposed the contention aforesaid and submits that the applicant is a key player and he projected one Kallu as imposter. Learned AGA appearing for the state has also supported the version of learned counsel for the complainant and submits that the applicant has no criminal history and, as such, he is not entitled for bail. Having considered the submissions of learned counsel for the parties and after perusal of the record, it transpires that applicant is languishing in jail since 10.01.2025; the matter is triable my Magistrate; chargesheet has been filed and, as such there is no possibility that the applicant would tamper the evidences or threaten the witnesses; further of the co-accused, namely, Kallu has already been granted bail, against whom the allegation of impersonation is there; he has no criminal history and he has also undertaken that he will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings. Considering the submissions of learned counsels for the parties, 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- Govind Prasad 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 :- 17.4.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench