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2025 DAILYLAW 156819 (ALL)

ALTAF RAJA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO

BAIL/7418/2025 · 2025-08-11

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46788 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7418 of 2025 Applicant :- Altaf Raja Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Ali Hasan,Mohd. Suhail,Prince Lenin Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record. Instant second bail application has been filed by the accused-applicant in Case Crime No. 216/2025, U/S 3(5), 318(4), 319(2), 336(3) 338, 340(2), BNS and 66D Information Technology Act, P.S Para, District Lucknow, with the prayer to enlarge him on bail. It is submitted that vide order dated 28.07.2025, this Court allowed the CRIMINAL MISC. BAIL APPLICATION No. 4465 of 2025 filed by co-accused Krishna Kumar Srivastava and enlarged the co-accused on bail. The relevant portion of the order dated 28.07.2025 reads as under: "In the prosecution case, it is alleged on 20.03.2025, upon secret information, three suspects, Altaf Raja, Krishna Kumar Srivastava, and Laksya Rathore, were apprehended near Sarvoday Vidhyalaya. From their possession, forged documents, laptops, mobile phones, fake stamps, and holograms were recovered. The accused admitted to creating fake certificates using Coral Software for monetary gain and named their associates. On the basis of the recovery and their confession, the three were taken into custody. Learned counsel for the applicant submits that the applicant has explained his criminal antecedent of one case in paragraph 11 of the bail application. The alleged offences are triable by a Magistrate. He argues that the prosecution's version is highly doubtful. The applicant, an advocate, was arrested at 10:00 a.m. while en-route to Court, but the arrest was falsely recorded at 1:00 p.m. It is further submitted that the applicant is not involved in any act of forgery or cheating, and there is no independent witness to support the alleged recovery. The charge sheet has already been filed. The applicant is languishing in jail since 20.03.2025. 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 applicant is languishing in jail since 20.03.2025 and the applicant has explained the criminal antecedent of a single case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Krishna Kumar Srivastava involved in Case Crime No. 216/2025, U/S 3(5), 318(4), 319(2), 336(3) 338, 340(2), BNS and 66D Information Technology Act, P.S Para, District Lucknow, be released on bail " Taking note of the aforesaid as also the fact of the present case, this Court finds that the case of the applicant is similar to the case of the co-accused Krishna Kumar Srivastava as also the fact that the applicant has criminal history of two cases which has been explained in para 32 of the affidavit filed in support of application and he has been languishing in jail since 20.03.2025 accordingly, I am of the view that the applicant is entitled to be released on bail. Let applicant- Altaf Raja, be released on bail in aforesaid Case Crime, on his furnishing personal bond to the satisfaction of the court concerned forthwith. Applicant is also directed to furnish two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail. (2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court. (3) Applicant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C. (4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. (5) The computer generated copy of such order shall be self attested by the counsel of the party concerned. (6) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail. Order Date :- 11.8.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench