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2025 DAILYLAW 190011 (ALL)

MADAN NAG v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO

/11162/2024 · 2025-12-08

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11162 of 2024 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. It is alleged that the applicant is an active member of City Doors Infra Private Limited and in furtherance of a criminal conspiracy with the co- accused persons, he facilitated the impersonation of the complainant, Raj Pal, whereby a sale deed was executed in the name of another person. It is further alleged that the applicant signed the said sale deed as a witness. Learned counsel for the applicant submits that co-accused Amresh Kumar Rawat, who is attributed the principal act of impersonation, has already been granted bail by a Coordinate Bench of this Court vide order dated 29.05.2025 in Criminal Misc. Bail Application No. 4786 of 2025. It is argued that the applicant is neither the seller nor the purchaser and is only a marginal witness in the transaction. The offences alleged are triable by the Magistrate. The applicant has been in custody since 09.10.2022 and has duly disclosed his criminal antecedents of 14 cases in paragraph 11 of the bail application. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail 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. has opposed the prayer for bail; however, he has not been Versus Counsel for Applicant(s) : Upendra Prakash Pathak Counsel for Opposite Party(s) : G.A. Madan Nag .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s) able to dispute the submissions advanced by learned counsel for the applicant. Considering the fact that co-accused Amresh Kumar Rawat, who is attributed a more serious role, has already been granted bail, the offences being triable by the Magistrate, and the applicant is in custody since 09.10.2022 with his criminal antecedents duly explained, this Court is of the view that a case for grant of bail is made out. Accordingly, the bail application is allowed. Let the applicant Madan Nag, involved in Case Crime No. - 927/2022, Under Section -419, 420, 467, 468, 471, 120B I.P.C., Police Station - Kotwali Nagar, District Barabanki, be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. 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. December 8, 2025 R.C. BAIL No. 11162 of 2024 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench