Neutral Citation No. - 2025:AHC-LKO:9918 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13163 of 2024 Applicant :- Chandrapal Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home, Lko. Counsel for Applicant :- Lakshmana Singh,Sheo Prakash Singh Counsel for Opposite Party :- G.A.,Alok Srivastava,Ram Naresh Singh Chauhan Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned counsel for the complainant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 85 of 2024, under sections 419, 420, 467, 468, 471, 120-B of the I.P.C.,Police Station-Dahi, District- Unnao. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He added that the applicant was the then Village Pradhan of the village and he issued certificate, wherein on the instance of the receiver, he added the sub-name/nick name and applicant had no intention to commit any kind of crime while issuing the certificate. He next added that the name has rightly been mentioned, though the sub- name is wrong as the same was added on the instance of the receiver. He submits that the applicant is a reputed person in the society and he was never involved in committing any offence. He next submits that the applicant has cooperated in the investigation proceedings and he is languishing in jail since 26-11-2024 and he undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. On the other hand, learned counsel appearing for the complainant has opposed the contentions aforesaid and submits that there is specific allegation against the applicant and he is the key player in the offence. He added that by way of preparing such document,he helped the other co- accused persons to commit cheat and fraud. Further submission is that an enquiry was also got conducted by the administrative authorities, wherein the applicant was found guilty and therefore, submission is that the applicant is not entitled for any relief. Per contra, learned AGA appearing for the State has also opposed the contentions of the learned counsel for the applicant and submits that the applicant is not entitled for any relief. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is languishing in jail since 26-11-2024; there is no previous criminal history of the applicant as has been explained in paragraph 14 of the bail application and the applicant is not beneficiary coupled with the fact that he has undertaken that if he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Considering the submissions of learned counsel of both sides, 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. Let the applicant-Chandrapal, involved in the aforementioned 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:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code; (3) 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.; and (4) 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, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 14.2.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench