Neutral Citation No. - 2025:AHC-LKO:41953 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6717 of 2025 Applicant :- Ashish Saxena Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Anand Kanaujia,Adam Sultan,Ashish Singh,Mohd Shahabuddin 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.814 of 2022, under Sections 419, 420, 467, 468, 471, 120-B I.P.C., P.S. Gomti Nagar, District Lucknow. In the prosecution case it is alleged that one Anuj Awasthi on 11.02.2020 has executed a sale deed in respect of Plot No.3/222A Vinamra Khand Gomti Nagar wherein it has been averred that this property has been sold to him by Lucknow Development Authority on 06.11.2000. It is further alleged that one Dheeraj Srivastava, Junior Clerk has committed forgery and computerized the said property in the records of LDA. Learned counsel for applicant submits that offence is triable by magistrate. The incident is of the year 2000. This F.I.R. was lodged in the year 2022 since then applicant is cooperating with the investigation. He is neither seller nor purchaser. He is only the marginal witness. Applicant has explained the criminal history in paragraph 21 of the bail application. He submits that the applicant is in jail since 11.04.2025. Learned A.G.A. has opposed the bail prayer and has submitted that applicant has a criminal history of similar nature. Perused the record. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 11.04.2025, he is shown to be the marginal witness, offence is triable by magistrate 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 Ashish Saxena 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 229-A of the Indian Panel Code (now 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 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 of the Indian Panel Code (now Section 209 BNS). Order Date :- 22.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench