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Neutral Citation No. - 2025:AHC:68916 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14592 of 2025 Applicant :- Satwant Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Rai,Ayushi 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. 74 of 2025, under Sections 61(2), 318, 336, 338, 340 of the Bharatiya Nyaya Sanhita, 2023, Police Station Kotwali Fatehgarh, District Farrukhabad during the pendency of the trial. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is a young boy of about 27 years with clean antecedents. He is innocent person and has not committed any offence as alleged in the F.I.R. He has been falsely implicated in the instant case. The allegation against the applicant is that he has tried to appear before the competent authority for purpose of documents verification and physical standard test by way of submitting a forged document/admit card. It is also submitted that he was not aware about the forgery of the said documents. He was instructed by his father to appear before the competent authority by way of showing the admit card which has been given by his own father. It is further submitted that there are no intent to commit any offence by way of submitting the fake and fabricated documents before the competent authority for verification and physical test as stated above. It is next submitted that the applicant is languishing in jail since 29.03.2025. Learned counsel for the applicant undertakes 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 and submitted that the applicant has submitted false and fake documents before the competent authority inspite of knowing that he has already failed in the written test, therefore
there are no force in the argument of learned counsel for the applicant that he has not intentionally submitted the said documents before the competent authority for purpose of participating in physical test but he has not contradicted the fact that the applicant is a person of clean antecedents and period of languishing in jail as stated above. 4. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 5. Taking into consideration of the age of the person with clean antecedents, the material on record to connect the applicant in the instant offence as alleged, the fact that the investigation is still going on and there are no chance for completion of trial in near future, 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 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- Satwant Kumar 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