Neutral Citation No. - 2025:AHC:72661 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7006 of 2025 Applicant :- Daya Shankar Opposite Party :- State of U.P. Counsel for Applicant :- Umesh Chandra Tiwari Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, seeking enlargement on bail in Case Crime No. 219 of 2024, under Sections 318(4), 338, 336(3), 340(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Cant. District Prayagraj during the pendency of trial. 2. Learned counsel appearing on behalf of the applicant has submitted that the first information report was lodged on 13.10.2024 at 1.29 p.m. As per the prosecution story, the marriage certificate of the applicant and his wife Neha is forged and the said forged marriage certificate has been appended in Civil Misc. Writ Petition No. 26059 of 2024. The co-ordinate Bench of this Court after taking the statement of Purohit reached at conclusion that the certificate which is appended with the aforesaid writ petition was not issued by Vaidik Vivah Evam Dharmik Sanskar Kendra, Panasa, Karchhana, Prayagraj and on the direction of the co- ordinate Bench, the instant FIR was lodged. Thereafter the police has arrested the applicant on 12.12.2024. 3. Learned counsel for the applicant has submitted that said writ petition was filed for purpose of protection as there were threat to the couple by the close relative of the wife and there was a great apprehension of honour killing. It is not disputed that both applicant and co-accused Neha is residing as wife and husband in same house. The marriage which was solemnized by the applicant and Neha belongs to different caste, therefore due to threat from the relative of co-accused Neha, co-accused Neha approached the High Court for police protection. It is also submitted that the applicant and co-accused Neha are adult and they have married to each other on their sweet will and without any pressure. It is submitted that since both were married without social sanction, therefore they were advised by some friends that for safety of the marriage, they should obtain certificate from any religious institute like Arya Samaj Mandir and on the said advice, the said certificate was obtained by the couple. It is submitted that there are no intention for filing forged document before the Court while filing the writ petition. It is also submitted that the said certificate was annexed with the writ petition only to establish that they were married couple. There were no criminal intent to file forged certificate along with the aforesaid writ petition. 4. Learned counsel for the applicant has submitted that the applicants have married to each other with Hindu Customs. There are no previous criminal history and there are no intent to file any false certificate before the court concerned for getting protection. The applicant is languishing in jail since 12.12.2024. The investigation is still going on. 5. Per contra, learned counsel appearing on behalf of State who has accepted notice in advance vehemently opposed the instant bail application and submitted that the FIR was lodged on direction of the Court, the investigation is going on but has not contradicted the fact that the applicant has no criminal history. He is languishing in jail since 12.12.2024. Learned AGA has submitted that the marriage certificate which part of the writ petition was fraudulently prepared to secure the relief from the Court. 6. Heard learned counsel for the applicant as well as Sri S.K.Ojha, learned AGA for the State and perused the record. 7. It is admitted fact that Civil Misc. Writ Petition No. 26059 of 2024 was filed before the co-ordinate Bench for seeking relief as prayed therein. I am not inclined to enter in merit of the case whether the certificate which was filed alongwith writ petition was forged, fabricated and fraudulently obtained or not. The concerned authority is investigating the said matter. There are no previous criminal history of the applicant. The applicant is a man of clean antecedents. There are no material brought in the notice of the Court that he would influence the trial/investigation, if he will enlarge on the bail. He is languishing in jail since 12.12.2024. Taking into consideration all entirety of the matter as discussed above, I am inclined to grant bail to the applicant. The bail application is allowed. 8. Let the applicant- Daya Shankar who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- 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 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 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 6.5.2025 Pratima (Chandra Dhari Singh,J.) Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad