Neutral Citation No. - 2025:AHC:93579 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10523 of 2025 Applicant :- Dharmendra Alias Godhu Opposite Party :- State of U.P. Counsel for Applicant :- Swati Agrawal Srivastava Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Mrs. Swati Agrawal Srivastava, learned counsel for the applicant and Sri Rajendra Prasad Singh, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 322 of 2024, under Sections 318(4), 303(2), 317(2) of BNS Police Station Civil Lines, District Muzaffar Nagar, during the pendency of trial. 4. As per prosecution story, the FIR was instituted by the informant that two unknown persons standing at the ATM booth are stated to have duped her to the tune of Rs.70,000/- by using her ATM. The victim herself had instituted the FIR and she had mentioned that she was duped to the tune of Rs.70,000/- but subsequently, she has escalated the allegations to Rs.1,86,000/-, 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 later on in the statement of one Rohtash whose motorcycle is stated to have been used in the said incident. The said statement has no evidentiary value in the eye of law. 6. The said owner of motorcycle has stated that the applicant along with one Ravi has used the said motorcycle on the said date of offence. False case has been foisted on the applicant. It is further stated that nine ATMs and Rs.22,500/- were recovered from the applicant but the said ATMs have not been connected to any offence whatsoever. The case is triable by Magistrate. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 16.01.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned State Law Officer has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 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- Dharmendra Alias Godhu, 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