Neutral Citation No. - 2025:AHC-LKO:28407 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4142 of 2025 Applicant :- Santoshi Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Prashant Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of the State and perused the record. 3. This first bail application has been filed with regard to Case Crime No.844 of 2022, under Sections 419, 420, 120-B IPC, registered at P.S.-Kotwali Nagar, District -Gonda. 4. As per contents of First Information Report, the applicant along with co-accused is said to have been instrumental in fabrication of sale deed said to have been executed by uncle of informant, late Triloki, son of Ram Sukh on 22.06.1971 in favour of one Ramdeen. 5. It is submitted that the applicant has falsely been implicated in allegations levelled against him which would be evident from the fact that although he has been shown nominated in the FIR but there is no allegations levelled against him with regard to any forgery having been done. It is submitted that the applicant's name has been included only on the basis of objection filed by him in the mutation proceedings. It is also submitted that the previous criminal history of the applicant has been explained in the affidavit filed in support of the application. 6. Learned A.G.A. has opposed the bail application but does not dispute the aforesaid aspects. It is however admitted that previous history of applicant has already been explained. 7. Upon consideration of submissions advanced by learned counsel for parties, perusal of material available on record and prima facie subject to further evidence being led during trial, it appears that main gist of allegations with regard to forgery of sale deed has been levelled against one Brijesh Kumar Awasthi, who is indicated as the kingpin. There does not appear to be any specific allegations levelled against applicant with regard to forgery of sale deed. It appears that name of applicant has been nominated only on the basis of his objection filed in the mutation proceedings. 8. Looking to the nature of allegations levelled against the applicant and submission made in the bail application, without expressing any opinion on the merits of case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, particularly since no reasonable apprehension of tampering with the witnesses has been alleged, prima facie, this Court finds, the applicant is entitled to be released on bail in this case. 9. Accordingly bail application is allowed. 10. Let applicant, Santoshi 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 :- 15.5.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench