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2025 DAILYLAW 145560 (ALL)

ATIN SAXENA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME U.P. LKO.

BAIL/5205/2025 · 2025-06-11

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35275 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5205 of 2025 Applicant :- Atin Saxena Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home U.P. Lko. Counsel for Applicant :- Ripu Daman Shahi,Dinesh Kr. Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record. 2. The present bail application has been filed on behalf of the applicant in Case Crime No.55 of 2025, under Sections 419, 420, 467, 468, 471, 409, 120-B I.P.C., Police Station Rehra Bazar, District Balrampur, with the prayer to enlarge him on bail. 3. Learned counsel for the applicant submitted that the applicant is an innocent person and has been falsely implicated in the present case. As per the prosecution case, the QR Code was generated on the basis of forged authority letter by Assistant Manager Shri Saurabh Pal which was not verified by the applicant. The action of the applicant does not come into any of the offences which is alleged against the applicant. The applicant is in jail since 30.04.2025 and except the present case, the applicant does not have any criminal antecedents. He further submitted that there is no evidence that any money was even given to the applicant. The applicant is ready to co-operate in the investigation and no custodial investigation is necessary. 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. has vehemently opposed the prayer of the applicant for grant of bail and submitted that it was the duty of the applicant to verify the genuineness of the forged letter which was placed before him. He also submitted that sufficient evidences are available against the applicant, therefore, he is not entitled for bail. 5. Considering the rival submissions of learned counsel for parties, material available on record, contents of the F.I.R., other relevant documents as well as totality of fact and circumstances, as it is the undisputed fact that no money was ever given received by the applicant and only the QR Code was verified by the applicant which was generated by Assistant Manager Shri Saurabh Pal, as such, I am of the view that it is a fit case for bail. 6. Let applicant - Atin Saxena - be released on bail in aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of 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 :- 11.6.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench