Neutral Citation No. - 2025:AHC-LKO:15796 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2305 of 2025 Applicant :- Vishwanath Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Dinesh Kr. Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of the State and perused the record. 2. This first bail application has been filed with regard to Case Crime No.261 of 2023, under Sections 419, 420, 467, 468, 471, 120B, 504, 506 I.P.C., registered at P.S.-Kotwali Nagar, District -Balrampur. 3. As per contents of First Information Report, the false and fabricated sale deed is said to have been executed with regard to gata nos. 383, 342, 360, 414 and 212 of which the informant alleges to be the registered bhumidhar. It is indicated that the applicant is involved in the aforesaid fabricated transaction by being marginal witness to the sale deed. 4. It is submitted by learned counsel for the applicant that the applicant has falsely been implicated in the charges levelled against him. He submits that the applicant is marginal witness and he is not the beneficiary of the sale consideration. He added that vendor has already been granted bail in Criminal Misc. Bail Application No.9196 of 2024, vide order dated 30.8.2024 and co-accused Dheerndra Kumar Pandey has also been granted bail by this Court vide order dated 06.03.2025 in Criminal Misc Bail Application No.1688 of 2025 and the applicant is seeking parity of the same. He further submitted that there is no criminal history of the applicant, which has been explained in para 17 of the bail application and the applicant is languishing in jail since 21.01.2025 and in case, the applicant is granted bail, he will not misuse the liberty and would co-operate in the trial proceedings. 5. 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. 6. Having heard the learned counsel for the parties and after perusal of record, it transpires that the applicant is marginal witness and he is not the beneficiary of the sale consideration; vendor has already been granted bail; there is no criminal history of the applicant, which has been explained in para 17 of the bail application; the applicant is languishing in jail since 21.01.2025; and he has undertaken that he will not misuse the liberty of bail if granted and would co-operate in the trial proceedings. 7. 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. 8. Accordingly bail application is allowed. 9. Let applicant, Vishwanath Gupta, involved in the aforesaid case 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 which are being imposed in the interest of justice:- (i) 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. 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 of the Indian Penal Code. (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. 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 of the Indian Penal Code. (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. 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. Order Date :- 19.3.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench