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Neutral Citation No. - 2025:AHC:125934 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15387 of 2025 Applicant :- Sanjay Giri And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ganesh Mani,Sugandha Yadav,Vinod Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material brought on record. 2. Learned counsel for the applicants submits that the applicants are innocent and have falsely been implicated in the present case. Applicants were neither named in the first information report nor their name surfaced in the statement of witness under Section 161 Cr.P.C. As per the allegation in the first information report, Branch Manager of IndusInd Bank along with some other persons embezzled the amount of loan of woman self group and also obtained insurance amount by showing several loanee as dead. He further submits that on perusal of the first information report, it is clear that the entire forgery has been committed by the Branch Manager of the aforesaid bank to obtain the insurance amount of loan by showing them as dead. The applicants have been made scapegoat by the Branch Manager. It is further submitted that co-accused, Raj Kumar Devi, Moti Devi and Ashiya alias Asha, have already been enlarged on bail and as the case of applicant is not on the worse footing than that of the aforesaid co- accused, therefore, applicant may also be enlarged on bail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required and are also ready to accept all the conditions which the Court may deem fit to impose upon them. He next submits that applicants are languishing in jail since 05.04.2025, with no criminal history. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant but he could not dispute the submissions made by learned counsel for the applicant. 4.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicant-Sanjay Giri and Jai Kumar, be enlarged on bail in Case Crime No. 548 of 2023, under Sections 409, 120-B, 420, 467, 468, 471 I.P.C., Police Station- Gola, District- Gorakhpur, on executing a personal bond each and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. Order Date :- 29.7.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad