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2025 DAILYLAW 149451 (ALL)

SUNIL KUMAR SAHU @ SUNIL KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.

BAIL/6237/2025 · 2025-07-07

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38266 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6237 of 2025 Applicant :- Sunil Kumar Sahu @ Sunil Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Vijay Kumar Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that the applicant, by using the mark sheet and other educational certificates of one Manoj Kumar and impersonating him, secured a teaching job in a government college and continued to serve there for seventeen years, during which he drew salary from the government. Upon being found guilty during the inquiry, instead of surrendering before the Court, he allegedly committed forgery once again by presenting one Ashok Kumar Sahu as Manoj Kumar to impersonate him further. Learned counsel for the applicant submits that the charge sheet has been filed in the case and the offences alleged are triable by a Magistrate. The applicant has no prior criminal history. It is further submitted that the allegations are false and the applicant has voluntarily surrendered before the trial court. The applicant is languishing in jail since 03.02.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the fact that the offences are triable by a Magistrate, the charge sheet has been filed and the applicant is in custody since 03.02.2025 and without expressing any opinion on the merits of the case, this Court finds it a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Sunil Kumar Sahu @ Sunil Kumar involved in Case Crime No. 25/2025, under Sections U/s-61(2), 319(2), 318(4), 338, 336(3), 340(2) BNS (earlier 120- B/419/420/467/468/471 IPC), P.S- Kunda, District-Pratapgarh 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 with the following conditions which are being imposed in the interest of justice:- (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 in accordance with law. (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. (now Section 84 BNSS) 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 IPC (now Section 209 of BNS). Order Date :- 7.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench