HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10151 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in FIR No.09/2025 under Sections 152, 318(4), 336, 337, 340 and 61(2) BNS, Police Station ATS, Gomti Nagar, District Lucknow. In the prosecution case, it is alleged that the applicant along with other co- accused persons, was a member of a gang engaged in the illegal preparation and modification of Aadhaar cards for Bangladeshi, Rohingya, Pakistani, and Nepali nationals on the basis of forged documents. The forged Aadhaar cards were allegedly being used for obtaining Indian passports and other government benefits. Learned counsel for the applicant submits that a perusal of the recovery memo reveals that no such recovery has been made which may attract the offence under Section 152 of the Bharatiya Nyaya Sanhita. It is further submitted that even if the prosecution case is taken at its face value, the recovery allegedly made from the applicant i.e. one CPU, two laptops with accessories, one thumb scanner, one eye scanner, one GPS locator, three multimedia mobile phones with SIM cards, eighteen forged birth/death certificates, nine stamp pads bearing various name/position seals, and one photocopy of an Aadhaar card belonging to the applicant, does not constitute Versus Counsel for Applicant(s) : Chandan Srivastava, Poonam Maurya Counsel for Opposite Party(s) : G.A. Himanshu Rai .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. .....Opposite Party(s) any offence under Section 152 BNS. The remaining offences are punishable with imprisonment up to seven years. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail 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., Shri Shiv Nath Tilhari, A.G.A.-I, has vehemently opposed the prayer for bail and submitted that the applicant may not be permitted to leave the district without prior permission of the learned trial court. He has further submitted that the applicant has been found to have financial transactions with the co-accused persons. However, from the record, he could not show any prima facie material to attract the offence under Section 152 of the Bharatiya Nyaya Sanhita. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration to the facts that the applicant has no criminal antecedents, has been in custody since 23.08.2025, the investigation is still in progress, and the FIR appears to have been registered on the basis of recovery from which the prima facie ingredients to attract Section 152 of the Bharatiya Nyaya Sanhita are missing, and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed, subject to the condition that the applicant shall not leave the district without prior permission of the learned trial court. Let the applicant Himanshu Rai be released on bail in aforesaid FIR number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. BAIL No. 10151 of 2025 2 (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) 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. (v) 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 IPC (now Section 269 BNS). (vi) 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. (now 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 174-A of the IPC (now Section 209 BNS). It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. November 3, 2025 Madhu D.R/P.S BAIL No. 10151 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench