Neutral Citation No. - 2025:AHC-LKO:34506 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2915 of 2025 Applicant :- Sita Ram Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Arvind Kumar Tiwari,Kamal Kishor Tiwari Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Rejoinder affidavit filed today is taken on record. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that the Branch Manager of Baroda Gramin Bank after inspecting the records came to know that on the basis of the forged and fabricated khatauni, revenue records as well as the photographs, the loan has been taken by the KCC holders, in which the complicity of one Girja Shankar Mishra and Shiv Pujan Yadav has been alleged. Further allegation is made against Shri Lal Singh, the learned counsel of the Bank who knowing fully well that the alleged revenue records are forged, has issued N.E.C. (Non-Encumbrance Certificate), on the basis of which a loan of Rs. 54,76,145/- was disbursed. Learned counsel for the applicant submits that the applicant has no concern with the alleged offence. He has taken two small loans of Rs. 1 lakh and Rs. 3,60,000/- on the basis of genuine revenue records. He has not committed any forgery. It is also submitted that the offences are triable by Magistrate. He also submits that the co-accused Shiv Poojan Yadav, who was named in the FIR, has been granted anticipatory bail by the coordinate Bench of this Court vide order dated 22.4.2022 passed in Criminal Misc. Anticipatory Bail Application No. 594 of 2022 and another co-accused Lal Singh had filed Application U/S 482 No. 28683 of 2023 in which the further proceedings of the trial have been stayed by the Court vide order dated 28.11.2023. It is further submitted that the applicant has explained criminal history of two cases in paragraph no. 23 of the bail application and he is languishing in jail since 12.8.2024. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the submissions advanced, perusal of the record, the period of incarceration gone into by the applicant, the anticipatory bail granted to the co-accused Shiv Poojan Yadav as well as the stay order granted by the coordinate Bench of this Court in favour of the co-accused Lal Singh so also the fact that the offences are triable by Magistrate and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant- Sita Ram Yadav involved in Case Crime No. 147 of 2013, under Sections 406,420,467,468,471,120B IPC, Police Station- Baghrai, District- Pratapgarh, 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 will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) 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. (v) 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. (vi) 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. Order Date :- 4.6.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench