Neutral Citation No. - 2025:AHC-LKO:39711 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6409 of 2025 Applicant :- Mahboob Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Arun Sinha,Surendra Kumar Pal 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 accused-applicant seeking bail in Case Crime No.144 of 2025, under Sections 112, 308(5), 318(4) BNS, P.S. Vibhuti Khand, District Lucknow. In the prosecution case it is alleged that at the time of police arrest, the applicant and the co-accused were quarreling regarding the money which was alleged to be demanded by them for providing forged question paper. The accused Mehboob Ali is alleged to have prepared the forged question papers. Applicant is alleged to have provided these papers to the candidates/victims. Rs.1,00,000/- is alleged to have been recovered from the applicant. The remaining Rs.10,00,000/- from Baijnath and Rs.1,00,000/- from Mehboob co-accused have been recovered. Learned counsel for applicant submits that no case under Section 308(5) of BNS is made out as this F.I.R. has been registered by the police. As per confessional statement, victims have allegedly given the money to the co-accused Vinay Kumar Pal on 14.04.2025. It is not disputed by the prosecution that there is no allegation that applicant has received any money. The co-accused Vinay Kumar Pal has been granted bail by this Court vide order dated 08.07.2025 passed in Criminal Misc. Bail Application No.6272 of 2025. Applicant seeks parity. The examination took place on 16.04.2025 and 17.04.2025 at that time victim has not lodged any complaint against anybody. The applicant having no criminal history has been falsely implicated in this case. The charge-sheet has been filed. He submits that the applicant is in jail since 20.04.2025. Learned A.G.A. has opposed the bail prayer. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 20.04.2025, victim in this case has not lodged F.I.R. and prima facie the alleged transaction took place on 14.04.2025 and the exam has already been conducted on 16.04.2025 and 17.04.2025 so also the fact that applicant is in jail since 20.04.2025, role assigned to the applicant so also the bail order of co-accused Vinay Kumar Pal (supra) and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Mahboob Ali 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 trial court 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 269 of BNS. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under 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 209 BNS. Order Date :- 11.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench