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Neutral Citation No. - 2025:AHC:93821 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13473 of 2025 Applicant :- Satish Chandra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Munna Tiwari Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Sandeep Kumar Chaturvedi, Advocate holding brief of Sri Munna Tiwari, learned counsel for the applicant and Sri R.P. Patel, learned State Law Officer and also perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 9 of 2025, under Sections 61(2), 319(2), 318(4), 336(3), 338, 339, 340(2) of BNS, Police Station - Rajghat, District - Gorakhpur, during the pendency of trial.
4. As per prosecution story, on the information of the squealer, the police raided the applicant and other co-accused persons and recovered several incriminating articles regarding execution of fake sale-deed from them. The applicant is stated to be involved in making fake aadhar cards which were to be used in the execution of sale-deed.
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. A recovery of amount of Rs.1000/- and one mobile phone has been made from the applicant.
6. Learned counsel has also stated that there is no criminal history of the applicant. The applicant is languishing in jail since 12.01.2025 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 State Law Officer has vehemently opposed the bail application on the ground that the applicant was involved
in making fake aadhar cards which were to be used in the execution of sale-deed. However, he could not dispute the fact that the applicant has no criminal history.
8. Considering the facts and circumstances of the case,
submissions made by learned counsel for the parties, nature of offence, evidence on record, I find it a fit case to release the applicant on bail. The bail application is allowed.
9. Let the applicant- Satish Chandra Singh, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed.
10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
11. 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 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad