Neutral Citation No. - 2025:AHC:136917 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5727 of 2025 Applicant :- Alauddin Opposite Party :- State of U.P. Counsel for Applicant :- Atharva Dixit,Prashant Mishra,Rakesh Kumar Mishra,Vikash Kumar Counsel for Opposite Party :- Ashvanee Kumar Srivastav,G.A.,Sandeep Kumar Singh Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the material brought on record. 2. Learned counsel for the applicant submits that the F.I.R. was lodged by one Dr. Rahul Nayak against the applicant and one other co-accused, Ram Pandey with the allegation that in January, 2023 a license was applied with the help of some forged documents before the Office of C.M.O. to run ultrasound centre in his name, which was not granted because of his photograph was found mismatched. Thereafter, one Amitabh Srivastava informed the informant that he had given five lakh rupees to the applicant for obtaining license in his name, but the said license could not be approved. Learned counsel further submits that the statement of Amitabh Srivastava was recorded by the police wherein he has specifically stated that he had given five lakh rupees to the applicant for obtaining him license for running of ultrasound centre, which statement is filed as Annexure-S.A.2 to the supplementary affidavit dated 16.04.2025. Learned counsel further argued that in C.D.-6 the Investigating Officer has recorded that he contacted office of C.M.O., Maharajganj, where it was informed that no application was ever moved in the name of Dr. Rahul Nayak for license and nor any diagnostic centre is running in his name. Thus, learned counsel for the applicant argued that in view of above entry in C.D.-6 no offence is made out against the applicant and he has been falsely implicated in the present case with false and concocted story with ulterior motive. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant is in jail since 20.01.2025, with no criminal history. 3. Per contra, learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicant-Alauddin, be enlarged on bail in Case Crime No. 414 of 2025, under Sections 419, 420, 467, 468, 471, 120-B I.P.C., Police Station- Gulariha, District- Gorakhpur, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. Order Date :- 12.8.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad