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2025 DAILYLAW 145454 (ALL)

VIJAY PRAKASH v. STATE OF U.P. THRU. ADDL. CHIEEF SECY. DEPTT. OF HOME LKO

BAIL/5168/2025 · 2025-06-13

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35453 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5168 of 2025 Applicant :- Vijay Prakash Opposite Party :- State Of U.P. Thru. Addl. Chieef Secy. Deptt. Of Home Lko Counsel for Applicant :- Garima Singh,Harshit Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record. 2. The instant bail application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No.11 of 2025, under Sections 420, 467, 468, 471 I.P.C., Police Station- Kotwali Bhinga District- Shravasti. 3. Learned counsel for the applicant submits that the applicant is an innocent person, he is in jail since 02.05.2025 and has been falsely implicated in the present case on the basis of allegation that the applicant has placed forged testimonials at the time of his appointment. The appointment letter was issued to the applicant on 11.08.2014. He further submitted that it is a bounden duty of the authorities to verify the genuineness of the documents before giving appointment. As per circulars, these documents were examined and no illegality was found but only on the basis of incorrect fact, appointment of the applicant has been cancelled and the F.I.R of case in question was lodged. He further submitted that a charge sheet has already been filed by the Investigating Officer on 24.05.2025. Applicant has cooperated in the investigation. He further submitted that the applicant does not have any criminal antecedents except the present case. The applicant is ready to cooperate in the trial. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. 4. Learned A.G.A. opposes the prayer for grant of bail to the applicant and submitted that subsequent evidence has been found against the applicant but he does not dispute this fact. He further submitted that a charge sheet has already been filed against the applicant. 5. Considering the rival submissions of learned counsel for the applicant, learned A.G.A. and going through the contents of FIR as well as other relevant documents, as the charge sheet has already been filed and the alleged offence is triable by Magistrate and, therefore, I am of the view that the applicant is entitled to be released on bail. 6. Let the applicant- Vijay Prakash, 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 13.6.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench