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Neutral Citation No. - 2025:AHC:93436 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8834 of 2025 Applicant :- Akshay Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Abhai Kumar Singh,Hemant Kumar Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Hemant Kumar, learned counsel for the applicant and Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the record.
3. Applicant seeks bail in Case Crime No. 323 of 2024, under Sections 420, 467, 468, 471, 255, 120B IPC, Police Station Civil Lines, District Meerut, during the pendency of trial.
4. As per prosecution story, the FIR was instituted by the informant stating that the named accused Vishal Verma who happens to be the deed writer, had got the registry executed on the basis of fake stamp papers.
5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The applicant is not named in the FIR. His name has come up in the confessional statement of the co-accused person, which has no evidentiary value. There is no connection of the trail of the said fake stamp papers to the applicant, as such the applicant is entitled for bail. It is next contended that four more cases of similar nature has been foisted on the applicant and he has yet to apply for bail in those cases. The case is triable by Magistrate.
6. The applicant is languishing in jail since 10.01.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
7. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the
learned counsel for the applicant.
8. In the case of Prabhakar Tewari Vs. State of U.P. and
another, (2020) 11 SCC 648, the Supreme Court has observed that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail.
9. Considering the facts and circumstances of the case,
submissions made by learned counsel for the parties, the evidence on record, and without expressing any opinion on the merits of the case, I find it a fit case to release the applicant on bail. The bail application is allowed.
10. Let the applicant- Akshay Gupta, who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant shall not tamper with the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall appear before the trial court on the date fixed.
11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 30.5.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad