MAKSOOD v. STATE OF U.P. THRU. PRIN. SECY. HOME SECTT. LKO
BAIL/5788/2025 · 2025-07-02
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 147800 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 147800 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:37346 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5788 of 2025 Applicant :- Maksood Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Sectt. Lko Counsel for Applicant :- Naveen Kumar Pandey 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 accused-applicant seeks bail in Case Crime No.144 of 2024 under Sections 419, 420, 467, 468, 471, 506 I.P.C., Police Station Kotwali Colonelganj, District Gonda. In the prosecution case it is alleged that by committing forgery and hatching conspiracy the accused persons have lured the complainant and took him to the bank on the pretext of providing him pension. However by committing fraud and by changing his name to Khalil a land was taken in his name to the tune of Rs.4,08,000/-.
Learned counsel for the applicant has submitted that as per the statement of the complainant the alleged loan amount has already been deposited in the bank and there is no financial loss caused to anyone. It is further submitted that there is no specific allegation against the applicant. The Co-accused Raju @ Hussain Ali has already been granted bail by a coordinate Bench of this Court vide order dated 23.10.2024 passed in Cri. Misc. Bail Application No.11195 of 2024, a copy of which has been filed as Annexure-7 to the bail application. The applicant seeks parity with the bail order of the co-accused. It is also submitted that the applicant has no criminal history and is in jail
since 05.01.2025. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the role assigned to the applicant, the admitted position that no financial loss appears to have been caused either to the bank or to the complainant, the fact that the applicant is in jail since 05.01.2025, the co-accused has already been granted bail by a coordinate Bench of this Court, and without expressing any opinion on the merits of the case, I find it to be a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Maksood be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (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 him from disclosing such
facts to the Court or to 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 for 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 :- 2.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench