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2025 DAILYLAW 145279 (ALL)

MOHIT KHARE @ MOHIT KUMAR KHARE v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/5141/2025 · 2025-06-06

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34902 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5141 of 2025 Applicant :- Mohit Khare @ Mohit Kumar Khare Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Suresh Chandra Goswami,Abhishek Shukla,Bhupendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The present bail application has been filed by the accused-applicant seeking bail in F.I.R./Case Crime No. 20 of 2023, Case No. 43396 of 2023, under Sections 419, 420, 467, 468, 471, and 120-B of the I.P.C., Police Station Naka Hindola, District Lucknow. In the prosecution case, it is alleged that the accused persons including the applicant are part of a gang involved in providing forged and fabricated appointment letters to innocent persons for the purpose of providing employment, and for such fake appointments, they charged between Rs.5,00,000/- to Rs.20,00,000/- from each person. Learned counsel for the applicant submits that the co-accused persons, namely Rahul Singh, Pawan Kumar Verma @ Pawan Verma, Ajeet Singh, Ankit Srivastava, and Smt. Akanksha Srivastava, have already been granted bail by this Court as well as by a Coordinate Bench. Copies of their bail orders have been collectively annexed as Annexure Nos. 4 and 5 to the bail application. He submits that the case of the applicant stands on a better footing. The only allegation against the applicant is that he used to support the co-accused. No recovery has been made from the applicant. The recovery of incriminating materials, such as appointment letters, was made from co-accused Rahul Singh. It is further submitted that the applicant has no criminal history. Learned A.G.A. has opposed the prayer for bail but has not disputed the fact that this is a case of parity. On due consideration of the submissions advanced, perusal of the record, and considering the fact that the applicant is languishing in jail since 09.05.2025, and that the applicant seeks bail on the ground of parity with co-accused persons, without expressing any opinion on the merits of the case, I find it to be a fit case for granting bail. Accordingly, the bail application is allowed. Let the applicant Mohit Khare @ Mohit Kumar Khare be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned, subject to the following conditions: (i) The applicant shall not tamper with the evidence during the trial. (ii) The applicant shall not pressurize or intimidate the prosecution witnesses. (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 them from disclosing such facts to the Court or 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 to 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 :- 6.6.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench