Neutral Citation No. - 2025:AHC-LKO:25581 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10066 of 2024 Applicant :- Deepu Rawat Opposite Party :- State Of U.P. Thru. Add. Chief Secy. Home Lko. Counsel for Applicant :- Ram Karan,Anubhav Verma,Vivek Chandra Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of the State and perused the record. 2. This first bail application has been filed with regard to Case Crime No.931 of 2022, under Sections 419, 420, 467, 468, 471, 120(B) IPC , P.S.Kotwali Nagar, District Barabanki. 3. As per contents of F.I.R. in which the applicant is not named, allegation levelled is that immovable agricultural property of informant were shown as mutated in the name of another person in the revenue records. Allegation levelled is that the informant is owner of the property never executed any sale deed with regard to property and the entries therefore were false and fabricated. 4. It is submitted by learned counsel for the applicant that the applicant has falsely been implicated in the charges levelled against him which would be evident from the fact that he is not named in the FIR and has been nominated on the basis of alleged confessional statement of one Satish Kumar Sharma indicating complicity of applicant in creation of forged document in order to effect mutation. It is submitted that there is no direct or indirect evidence against the applicant who without any previous criminal history is under incarceration since 06.04.2023. 5. Learned A.G.A. has opposed bail application with submission that complicity of applicant is quite evident from the confessional statement of co-accused. It is further submitted that the applicant has criminal history of five cases including the present case pertaining to same transaction. 6. Upon consideration of submissions advanced by learned counsel for parties, perusal of material available on record and prima facie subject to further evidence being led during trial, it appears that the applicant is not named in the FIR and his name has been introduced only on the basis of alleged confessional statement of co-accused Satish Kumar Sharma. The applicant's connected criminal history has already been explained while he is under incarceration since 06.04.2023. 7. Looking to the nature of allegations levelled against the applicant and submission made in the bail application, without expressing any opinion on the merits of case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, particularly since no reasonable apprehension of tampering with the witnesses has been alleged, prima facie, this Court finds, the applicant is entitled to be released on bail in this case. 8. Accordingly bail application is allowed. 9. Let applicant, Deepu Rawat involved in the aforesaid case crime 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 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. (ii) 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 Penal Code. (iii) 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. 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 Penal Code. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court, absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. Order Date :- 2.5.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench