Neutral Citation No. - 2025:AHC:68666 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13498 of 2025 Applicant :- Sudhir Opposite Party :- State of U.P. Counsel for Applicant :- Anand Mohan Pandey,Ram Raj Mishra Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. 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. 409 of 2024, under Sections 420, 406, 467, 468, 471 IPC, Police Station Khekra, District Baghpat during the pendency of trial. 2. Learned counsel for the applicant has submitted that the applicant is languishing in jail 01.03.2025. He is innocent person and has not committed any offence as alleged in the FIR. He has been falsely implicated in the present case due to ulterior motive.As per the allegation in the FIR, the applicant has made his own death certificate for getting the benefit of the policy which is admittedly in the name of his own wife namely Poonam. Learned counsel for the applicant has submitted that there are no material on record to link the applicant for making any forged document as alleged in the FIR. It is submitted that the policy was in the name of wife of applicant. It is also submitted that the applicant is not taking any benefit of the said policy. It is further submitted that 21 installments have already been deposited by the policy holder i.e. Poonam wife of applicant to the Muthoot Micro Phin Limited Company. It is next submitted that there are no previous criminal history against the applicant and he is a man of clean antecedents. The charge-sheet has been filed after completion of the investigation. There are no chance for completion of trial in the near future. It is also undertaken that the applicant shall abide by all terms and conditions imposed by this Court while granting the bail. He has prayed for enlarging the applicant on bail. 3. Per contra, learned counsel appearing on behalf of State who has accepted notice in advance vehemently opposed the instant bail application but he has not contradicted the argument advanced by learned counsel for the applicant. 4. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 5. It is admitted that the applicant is not a policy holder and he is just a nominee of the said policy. There are no credible evidence on record to establish that how the applicant could be benefitted of the policy while placing his own forged death certificate to the Company as the wife of the applicant is policy holder. Prima facie, I do not find any credible evidence to link the applicant in the instant offence at this stage. The applicant is a man of clean antecedents. The charge-sheet has been filed. There are no material brought on record to establish that if the applicant will grant bail, he will not cooperate with the trial or he may influence the witness or tamper the evidence, taking into consideration the aforesaid reasons but without expressing any opinion on the merits of the case, this Court is of the opinion that the appellant has made out a case for bail. Accordingly the bail application is allowed. 6. Let the applicant- Sudhir 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 1.5.2025 Pratima (Chandra Dhari Singh,J.) Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad