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Neutral Citation No. - 2025:AHC:40568 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9298 of 2025 Applicant :- Govind Kumar @ Balgovind Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Giri,Surendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant and Shri Purshottam Maurya, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Govind Kumar @ Balgovind Yadav, seeking enlargement on bail in Case Crime No. 250 of 2024, under Sections 3 (5), 61 (2), 318 (4), 319 (2), 336 (3), 338, 340 (2) of B.N.S. and Section 12 (3) of Passport Act, Police Station- Dohrighat, District-Mau.
Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 25.12.2024.
Learned counsel for the applicant submits that First Information Report has been lodged against 12 named persons including the applicant with the allegation that three persons came in the police station and tried to proceed for making passport by presenting false and fabricated documents. The real fact is that the applicant is a poor illiterate labour and co-accused Shyam Bahadur who is neighbor of the applicant is involved in the work of sending abroad the needy persons for job and told the applicant to deposit Rs. 1 Lac for preparation of passport and Visa and for the said purpose the applicant has given him Rs. 1 Lac and relevant papers. The real fact is that the applicant is the victim of the fraud committed by the co-accused persons. The role of preparing forged domicile/ residential certificate and notary affidavit has been assigned to co-
accused Rakesh Sahni and not to the applicant. The applicant never got any passport issued in his name nor he has ever traveled abroad on passport issued on the basis of forged documents. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail but could not dispute the fact that the applicant has no criminal antecedents. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Govind Kumar @ Balgovind Yadav, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 20.3.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad