HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 13302 of 2025 Court No. - 70 HON'BLE SANTOSH RAI, J. 1. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant; learned AGA for the State and perused the material placed on record. 3. The instant bail application has been filed on behalf of the applicant Akash Alias Amit Yadav with a prayer to release him on bail in Case Crime No.661 of 2024, under Sections 420, 467, 468, 471 and 34 IPC, Police Station Behjoi, District Sambhal, during pendency of trial. 4. Learned counsel for the applicant has submitted that the applicant has not committed any offence as alleged in the F.I.R. He is not beneficiary of so called forged transaction. He is not seller, purchaser or marginal witness of the sale deed. The actual beneficiary is Ravi Bapu. Amount details given to Ravi Bapu have been mentioned in the F.I.R. The informant issued a cheque having Rs.9 lac in favour of Ravi Bapu. Ravi Bapu is said to be witness of the so called forged transaction, the investigation has been completed. In the first information report accused applicant and eight others are named but after investigation chargesheet has been filed against the applicant, Ravi Bapu and Kali Charan. Other accused persons have been exonerated from liability on the basis of charge-sheet submitted by the Investigating Officer. Role of the applicant is said to be conspirator regarding to commit forged transaction. The applicant is languishing in jail since 13.12.2024. In case, Versus Counsel for Applicant(s) : Ayan Ahmed, Jayant Rai, Krishna Dutt Tiwari Counsel for Opposite Party(s) : G.A. Akash Alias Amit Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) the applicant is released on bail, he will not misuse the liberty of bail. 5. Per contra learned A.G.A. has 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. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. 6. Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant; period of detention in jail, keeping in view uncertainty regarding conclusion of trial; larger mandate of the Article 21 of the Constitution of India, bail application is allowed. 7. Considering the dictum of Apex Court in the case of Manish Sisodia Vs. Directorate of Enforcement, 2024 LawSuit (SC) 677, considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid 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 that :- (i) The applicant shall not tamper with the evidence or threaten the witnesses. (ii) 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. (iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A I.P.C./269 B.N.S. (iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C./84 B.N.S.S. is issued and the applicants fail to appear before the Court on the date fixed in BAIL No. 13302 of 2025 2 such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under Section 174-A I.P.C./209. B.N.S. (v) 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./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or 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. 8. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. October 13, 2025 Asha BAIL No. 13302 of 2025 3 (Santosh Rai,J.) Digitally signed by :- ASHA High Court of Judicature at Allahabad