Neutral Citation No. - 2025:AHC:141695 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17263 of 2025 Applicant :- Beerbal Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Sanjeev Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Shri Sanjeev Kumar Yadav, learned counsel for the applicant and Dr. S. B. Maurya, learned AGA-I for the State- respondent. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.215 of 2023, under Sections 419, 420, 467, 468, 471, 120-B I.P.C., Sections 8/13 of Prevention of Corruption Act and Section 12 of Passport Act, Police Station Kotwali Khalilabad, District Sant Kabir Nagar, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits that applicant was not named in the FIR and FIR of the present case was lodged against police personnel with the allegations that they illegally cleared the files related to passport and during investigation, applicant has been made accused in the present matter after two years with the allegations that he obtained second passport on the basis of fake documents but entire allegations levelled against him are totally false. 4. He further submits that during investigation, co-accused Anirudh Yadav was also made accused with almost similar allegations and he has already been released on bail by this Court vide order dated 30.06.2023 passed in Criminal Misc. Bail Application No.24950 of 2023 and case of applicant is almost at par with him. 5. He further submits that applicant is having no criminal history to his credit and he is in jail in the present matter since 29.03.2025 i.e. for last almost five months. 6. Per contra, learned AGA however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for both the parties and perused the record of the case. 8. From the record, it reflects that applicant was not named in the FIR and however, as per allegations, he obtained second passport on the basis of fake documents but he has been made accused in the present matter after two years. 9. Further, alongwith the applicant during investigation number of other persons were also made accused including co-accused Anirudh Yadav and allegation against him was also that he obtained fake passport on the basis of fake documents but it appears, he has been released on bail by this Court and case of applicant is almost at par with him. 10. Further, applicant is having no criminal history to his credit and he is in jail in the present matter since 29.03.2025 i.e. for last almost five months. 11. Further, law is settled, unless proven guilty an accused is deemed to be innocent and his bail application should not be dismissed for punitive purpose. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be enlarged on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Beerbal Yadav, be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 15. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 16. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 19.8.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad