Neutral Citation No. - 2025:AHC:60559 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5625 of 2025 Applicant :- Kush Kumar @ Lavkush Mouar Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application has been filed on behalf of the applicant under Section 483 of the B.N.S.S., 2023 for seeking regular bail in Case Crime No. 02 of 2025, under Section 319(2), 318(4), 338, 336(3) & 340 (2) BNS, 2023, Police Station - Cantt, District - Gorakhpur during pendency of the trial. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent. He has not committed any offence as alleged in the FIR. He has been falsely implicated in this case due to ulterior motive. 3. It is further submitted that the main allegation against the applicant is that he has changed his date of birth in the document minimizing his age as he had become over age as per the original certificate with a view to appear in the police examination. He was not aware about the consequence of this act committed by him. He acted innocently without any mens rea while submitting forged or fabricated document for the purpose of getting job. 4. It is next submitted that the applicant is languishing in jail since 2.1.2025 i.e. more than 3 months. He has no previous criminal history. Charge sheet has been filed on 2.1.2025 after completion of the investigation. There is no chance for trial in near future. It is also submitted that in view of the facts and circumstances of the case, it is prayed on behalf of the applicant that the applicant may be released on bail in the aforesaid crime. It is further undertaken that applicant shall abide by all terms and conditions as imposed by the Court while granting bail. 4. Learned counsel for the State has vehemently opposed the instant bail application and submitted that mens rea is evident for commission of the offence as per the record. 5. Heard Sri Shailesh Nath Tiwari, learned counsel for the applicant, Sri Rakesh Kumar Mishra, learned AGA for the State and perused the material available on record. 6. It is admitted fact that the applicant is innocent. He holds degree in M.Sc. (Maths). He has great career ahead. He has committed the offence innocently whatsoever is alleged. Investigation has been completed and charge sheet has been filed. The applicant is languishing in jail since 2.1.2025 i.e. more than three months. 7. Taking into the aforesaid reasons, and without expressing any opinion on the merit of the case, I am inclined to grant bail to the applicant. The bail application is allowed. 8. Let the applicant - Kush Kumar @ Lavkush Mour, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rupees twenty five thousand and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i). The applicant shall not tamper with the evidence. (ii) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 22.4.2025 S.K.S. (Chandra Dhari Singh,J). Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad