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Neutral Citation No. - 2025:AHC:51730 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8482 of 2025 Applicant :- Arvind Opposite Party :- State of U.P. Counsel for Applicant :- Amarnath Tripathi,Vikas Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J.
1. Heard learned counsel for the applicant, learned AGA for the State-respondents and perused the record.
2. 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. 25 of 2024, under Sections 420, 467, 468, 471, 120B IPC, Police Station Janakpuri, District Saharanpur.
3. Learned counsel for the applicant submitted that the applicant has not committed any offence as alleged in the FIR. He is only surety and furnished bail bond in the court on the main matter of the co-accused Ramesh Chandra in Case Crime No. 58 of 2023. The bail bond is appended as Annexure S.A.-2 of the supplementary affidavit filed on 02.03.2025. It is also submitted that the co-accused Rajbal has already been enlarged on bail vide
order dated 04.03.2025 passed by the co-ordinate Bench of this Court. The present applicant is on the better footing as only surety to a bond and he has not manufactured forged document.
4. On the instructions, learned counsel for the applicant undertakes that the applicant shall abide by all terms and conditions imposed by this Court while granting the bail. He has prayed for enlarging the bail of the applicant.
5. Learned AGA has vehemently opposed the prayer for bail and submitted that the applicant is the main person who has manufactured forged document but in support of his argument, he has not been able to place any document before the Court to distinguish the role of the present applicant and Rajbal who has already enlarged on bail by the co-ordinate Bench of this Court vide order dated 04.03.2025.
6. Having heard and gone through materials placed on record, it is apparent that the entire case is based on documentary evidence and the applicant is languishing in jail since 08.12.2024 and the investigation is still continuing and also taking into consideration of the undertaking given by the applicant for cooperating with the investigating agency and the trial court, I am inclined to release the applicant on bail. The bail application is allowed.
7. Let the applicant- Arvind, 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.
8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 9.4.2025 Pratima Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad