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2025 DAILYLAW 144466 (ALL)

RAM PUJARI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO

BAIL/5061/2025 · 2025-06-09

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35076 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5061 of 2025 Applicant :- Ram Pujari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Kailash Nath Mishra,Rahul Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Vakalatnama filed by Sri Aditya Mishra, Advocate on behalf of the complainant is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel for the complainant. 3. The instant bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 34 of 2024 u/s 420, 467, 468, 471, 120-B I.P.C., Police Station- Kotwali Dehat, District- Balrampur. 4. Learned counsel of the applicant submits that the applicant has falsely been implicated in the present case. The applicant was posted as a peon in the office concerned. As per the prosecution case, interpolation was made by the Consolidation Officer and other officials. During the course of investigation, the name of Consolidation Officer was dropped and other beneficiaries have been enlarged on bail. It is further submitted that no evidence is found against the applicant. The applicant is in jail since 29.03.2025 and he is ready to cooperate in the investigation. Except the present case, the applicant does not have any criminal antecedent, hence, he may be enlarged on bail. 5. Learned A.G.A. as well as learned counsel for the complainant vehemently opposes the prayer of the applicant. However, they do not dispute the fact that name of Consolidation Officer, against whom all the allegations were leveled, has been dropped and other beneficiaries have already been enlarged on bail. 6. Considering the submissions of learned counsel for the parties and going through the contents of the record, it is evident that the applicant was working as a peon in the office concerned and name of the Consolidation Officer, who was in- charge of the office, has been dropped. Therefore, it is a fit case for bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant- Ram Pujari who is involved in aforementioned 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 subject to following conditions: (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) 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. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) 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 IPC. (v) 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., may be issued and if 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 IPC. (vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 9.6.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench