MOHD. ARIF v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
BAIL/4968/2025 · 2025-09-15
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 143214 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 143214 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 4968 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Atul Verma, the learned counsel for the applicant as well as Sri S.P. Singh, the learned State Counsel and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 140 of 2023, under Sections 406, 420, 467, 468, 471 and 120-B IPC, registered at Police Station Vibhuti Khand, District Lucknow. 3. The aforesaid case has been registered on the basis of F.I.R. lodged by Legal Manager, PNB, Housing Finance Ltd. against five named persons, not including the applicant, and some unnamed persons, stating that co- accused persons, namely, Vinod, Ramakant Gaur and Meera had taken a housing loan for purchasing the property from another co-accused Smt. Raka Pandey. The document submitted by them were examined by the designated official and upon a positive report having been submitted on 17.10.2022 and after the documents were examined by the Advocate of the Company and further, physical verification of the property was carried out, the housing loan was disbursed. However, when default was committed in repayment of the loan, it was found that the borrowers and other persons had mentioned their fake addresses and the documents submitted by them were forged. 4. The applicant has been implicated during investigation as it came to Versus Counsel for Applicant(s) : Atul Verma, Hari Krishna Verma, Sanjeet Kumar Patel Counsel for Opposite Party(s) : G.A. Mohd. Arif .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s)
light that the applicant was arrested in connection with FIR No.409 of 2024 lodged in Police Station Vibhuti Khand, Commissionerate Lucknow which was lodged on similar allegations. Thereafter the applicant's remand was taken in the present case also. The applicant has already been granted bail in FIR No.409 of 2024 by means of order dated 03.04.2025 passed by a Coordinate Bench of this Court in Criminal Misc. Bail Application No.2794 of 2025. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person, he has been falsely implicated in the present case.
The applicant's involvement in three others criminal cases has been disclosed in para 37 of the affidavit filed in support of the bail application, in all of which he has already been granted bail. 6. The learned A.G.A. has opposed the bail application and he has submitted that the forged documents have been recovered from the applicant. In response to the aforesaid submissions, the learned counsel for the applicant has submitted that the recovery was made from a co- accused person and not from the applicant. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is not named in the FIR; it is alleged that the applicant has been implicated merely because some forged documents were recovered from his possession but forged documents have already been submitted along with the application for housing loan and the bank claims to have granted loan after verification of the documents as well as physical verification of the property, and that the applicant is languishing in jail since 23.04.2025, whereas he has already been granted bail in the case in connection with he was arrested, I am of the view that the applicant is entitled to be granted bail in the aforesaid case. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Mohd. Arif be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: - BAIL No. 4968 of 2025 2
(i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. September 15, 2025 KR BAIL No. 4968 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench