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2025 DAILYLAW 47734 (ALL)

GANESH MOHAN @ SEEPU v. STATE OF U.P.

BAIL/13529/2025 · 2025-04-30

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:68356 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13529 of 2025 Applicant :- Ganesh Mohan @ Seepu Opposite Party :- State of U.P. Counsel for Applicant :- Kamalakar Dixit,Sohit Prakash Sharma Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application under Section 483 of B.N.S.S. has been filed on behalf of applicant for bail in Case Crime No.174 of 2023, under Sections 420, 465, 467, 468, 471, 120-B IPC, Police Station - Kotwali Kayamganj, District - Farrukhabad. 2. Learned counsel appearing on behalf of applicant has submitted that the applicant is innocent person and he has not committed any offence as alleged in the F.I.R. It is further submitted that applicant was not named in the F.I.R., his name was disclosed in the statement of Abhay Dubey, who is the son of informant, Meenu Dubey. It is also submitted that as per that statement it is alleged that the applicant with the connivance of informant, Meenu Dubey made fake Aadhaar Card and Educational Certificate of Abhay Dubey and purchased the land in dispute. It is further submitted that the suit for cancellation of sale deed has already been filed before the court concerned. It is also submitted that applicant has not committed any offence as per the statement of Abhay Dubey, but he has been falsely implicated in the present case due to ulterior motive. It is further submitted that applicant is the man of clean antecedent and he has no previous criminal history. It is further submitted that after completion of investigation, charge sheet has been filed on 14.01.2025 by the investigating officer and the court concerned has taken cognizance on 06.03.2025. It is further submitted that co-accused, Meenu Dubey has already been enlarged on bail by this Court vide order dated 30.04.2025. Applicant is languishing in jail since 13.01.2025. 3. Taking into consideration the aforesaid facts, it is prayed on behalf of applicant that applicant may be released on bail in the aforesaid crime. It is further undertaken by learned counsel for the applicant that applicant shall abide by all terms and conditions as imposed by this Court. 4. Per contra, learned AGA vehemently opposed the bail application of applicant, but he has not contradicted the facts as stated by learned counsel for the applicant during arguments. 5. Heard learned counsel appearing on behalf of applicant, learned AGA appearing on behalf of the State, perused the contents made in bail application and material available on record. 6. It is admitted fact that applicant is languishing in jail since 13.01.2025 i.e. more than three months; applicant is the man of clean antecedent and has no previous criminal history; charge sheet has been filed and cognizance has been taken; co-accused has already been enlarged on bail by this Court; there is no credible evidence; prima facie there is no link to connect the applicant with the instant offence; suit for cancellation of sale deed has already been filed before the court concerned; there is no material brought to the notice of the Court that if applicant is released on bail he may influence the trial; applicant shall abide by all terms and conditions as imposed by this Court and there is no possibility of completion of trial in near future. 7. Taking into consideration all the entirety of the matter as discussed above, without expressing any opinion on merits of the case, the applicant is releasing on bail. Accordingly, the bail application is allowed. 8. Let the applicant - Ganesh Mohan @ Seepu, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- (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 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. . (Chandra Dhari Singh, J.) Order Date :- 1.5.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad