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Neutral Citation No. - 2025:AHC:78398 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11850 of 2025 Applicant :- Ram Naresh Opposite Party :- State of U.P. Counsel for Applicant :- Sudhakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J.
1. The instant bail application has been filed under Section 483 of BNSS, seeking regular bail in Case Crime No.5017 of 2009 for offence under Sections 409, 419, 420, 465, 467, 468, 471, 504 and 506 IPC, Police Station - Kalwari, District – Basti. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case. It is further submitted that the applicant is husband of the main co-accused Indrawati who obtained the job on the basis of fake and forged document. It is submitted that she obtained the job on 16.01.1992 and the applicant got married on
07.03.1993. Prior to the marriage, the applicant was not known to the co-accused. It is submitted that there are no credible evidence on record to connect the applicant in the instant incident. The applicant is languishing in jail since 25.04.2024. It is also undertaken on behalf of the applicant that he shall abide by all terms and conditions as imposed by the Court while granting bail. 3. Per contra, learned counsel appearing on behalf of the State has vehemently opposed the instant bail application but he could not dispute the aforesaid facts as stated by the learned counsel appearing on behalf of applicant. 4. Heard learned counsel for the applicant, Sri Rajesh Kumar Gupta, learned AGA and perused the material available on record. 5. This court prima facie finds that there are no credible evidence on record to link the applicant to the instant offence; the trial has been started and the statement of P.W-1 is being recorded; the charge-sheet has been submitted in 2010, cognizance has been taken in 2025; there is no possibility of completion of trial in near
future and there is no material brought by learned AGA to establish that if the applicant may grant bail he will influence the trial or influence the witnesses; undertaking has been given by the learned counsel for the applicant to abide by the terms and conditions imposed by the court. 6.
6. Taking into consideration of aforesaid reasons as stated above and without expressing any opinion on merit of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 7. Let the applicant - Ram Naresh, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- (Rupees Fifty thousand) 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. (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 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of 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 :- 13.5.2025 CS/- (Chandra Dhari Singh, J.) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad