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Neutral Citation No. - 2025:AHC:30737 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44074 of 2023 Applicant :- Rambabu Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Kumar Yadav,Mukesh Kumar Maurya Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, Sri S.K. Ojha, learned AGA-I for the State-opposite party and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Rambabu, seeking enlargement on bail in Case Crime No.297 of 2023, under Sections 419, 420, 467, 468, 471, 477A of I.P.C., Police Station Kotwali, District Mainpuri.
Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 14.06.2023.
Learned counsel for the applicant submits that as the applicant was needed a caste certificate he contacted co-accused Rajendra Singh, who demanded his photographs and I.D. proof and the same was given by him. Thereafter, the applicant alongwith co-accused Rajendra Singh had gone to office, where Rajendra Singh done the formalities for preparation of caste certificate. The applicant is an illiterate and poor agriculturist. He has no knowledge regarding the fraud committed by co-accused Rajendra Singh. He is not a beneficiary. Co-accused Rajendra Singh, who has behind the entire forgery, has been granted bail by co-ordinate Bench of this Court vide order dated 03.08.2023 passed in Criminal Misc. Bail Application No.34051 of 2023. Charge-sheet was filed by the Investigating Officer on 29.08.2023 and charges were framed on
02.09.2023. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail.
Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Rambabu, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 4.3.2025 Radhika Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad