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2025 DAILYLAW 157767 (ALL)

RIJVAN v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.

BAIL/7573/2025 · 2025-08-14

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47651 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7573 of 2025 Applicant :- Rijvan Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Dinesh Kr. Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Dinesh Kr. Chaudhary, the learned counsel for the applicant, Shri Diwaker Singh, the learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.67 of 2024 under Sections 406/420/467/468/471/506 I.P.C. registered at Police Station- Kotwali Dehat, District- Balrampur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 04.02.2024 stating that the informant had paid Rs.60,000/- in three installments to the applicant for sending his son abroad. The applicant gave him a forged Visa. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 5. The applicant has stated that he had taken Rs.60,000/- from the complainant as loan. When the applicant could not return the money, the complainant had lodged the FIR on false allegations. 6. Learned A.G.A. has vehemently opposed the bail application and he has submitted that investigation in the present case is still going on. However, till date, merely statement of the complainant has been recorded but the complainant could not give any forged Visa that was allegedly given to him by the applicant. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the complainant has transferred money to the applicant through online mode and the applicant has admitted to have taken money but his explanation is that money is borrowed by him and he would return the same, the applicant has no previous criminal history and he is languishing in jail since 01.06.2025, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid case. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Rijvan be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. . [Subhash Vidyarthi, J.] Order Date :- 14.8.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench