Neutral Citation No. - 2025:AHC-LKO:19658 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13099 of 2024 Applicant :- Bhagiram Kushari Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Pal Singh Yadav,Ashish Kumar Singh,Prathama Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Rejoinder affidavit filed today is taken on record. 2. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of State and perused the record. 3. This first bail application has been filed with regard to Case Crime No.0401 of 2024 under Sections 318(4), 338, 336(3), 340(2) BNS and Section 14(b) Foreign Affairs Act, P.S. Sarojani Nagar, District Lucknow. 4. As per contents of FIR, the incident is said to have taken place on 30.09.2024 at Chaudhary Charan Singh International Airport, Lucknow when the informant who was posted on duty has taken applicant into custody on the basis that No Objection Certificate produced by applicant from the Embassy of Nepal for onward journey to the Republic of Colombia was a forged document. 5. It has been submitted that applicant has been falsely implicated in the charges levelled against him and that the sole basis of corroboration of FIR is an E-mail allegedly received from the Embassy of Nepal on 01.10.2024 whereby the the said No Objection Certificate has been stated to the fake document. It is submitted that the E-mail which is the sole basis of corroboration of allegation against applicant does not indicate the name of issuing person nor has any statement from any official of Embassy of Nepal being appended to the charge- sheet. It is submitted that applicant is under incarceration since 02.10.2024 without any previous criminal history. 6. Learned AGA appearing on behalf of State opposed the prayer for bail application but does not dispute the fact that applicant's arrest is on the basis of E-mail received from Embassy of Nepal indicating the said No Objection Certificate to be a fake document. It is, however, admitted that there is no previous criminal history of applicant. 7. Hon'ble the Supreme Court in Sanjay Chandra v. Central Bureau of Investigation, reported in (2012) 1 SCC 40 has specifically held that bail is to be a norm and an under-trial is not required to be in jail for ever pending trial. Relevant paragraphs of the judgment are as under :- "21. In bail applications, generally, it has been laid down from the earliest times that the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless it is required to ensure that an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty." "27. This Court, time and again, has stated that bail is the rule and committal to jail an exception. It has also observed that refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution." 8. Upon consideration of submissions advanced by learned counsel for parties, prima facie, subject to evidence being led in trial, at this stage it appears that no statement of any official of the Nepalese Embassy has been recorded. The applicant is under incarceration since 02.10.2024 without any previous criminal history. 9. Considering the submissions of learned counsel for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. 10. Accordingly bail application is allowed. 11. Let applicant- Bhagiram Kushari involved in the aforesaid case crime be released on bail on his furnishing a personal bond and a local surety 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 269 BNS. (iii) 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. (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 351 BNSS. 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 :- 8.4.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench