Neutral Citation No. - 2025:AHC:88040 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16838 of 2025 Applicant :- Gulshan Opposite Party :- State of U.P. Counsel for Applicant :- Junaid Ahamad,Kailash Nath,Krishna Gopal,Manoj Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. Instant application filed under Section 483 of B.N.S.S seeking bail in Case Crime No. 007 of 2025, under Sections 229, 318 (1), 336 (3), 338, 340 (2) of B.N.S., Police Station Lavedi, District Etawah. 2. Learned counsel appearing on behalf of applicant submitted that marriage of the applicant was solemnized with co-accused Vaishali on 01.07.2024. It is further submitted that since the girls' side were not agreed with the aforesaid marriage, therefore, they have received several threats from the side of the girl. In view of the said facts and circumstance, the applicant has filed a Writ Petition being Writ-C No. 24808 of 2024 before the High Court for protection of the couple. Learned counsel further submitted that allegation against the applicant is that the certificate appended with the said writ petition was found forged as the said certificate was not issued by Arya Samaj Mandir, Ghatampur. Learned Single Judge of this Court vide order dated 03.01.2025 has directed the Station House Officer, Police Station Lavedi, District Etawah to conduct a thorough inquiry in the matter. Pursuant to which, inquiry was conducted and after completion of inquiry, the certificate issued by said Arya Samaj Mandir was found forged. In pursuance of the said enquiry report, the instant F.I.R. was lodged. 3. Learned counsel appearing on behalf of applicant submitted that in the instant case the co-accused Vaishali was in family way and now delivered a girl child. It is also vehemently submitted that both are married couple and since wife has delivered a child and no one in his family to take care of his wife and new born child, therefore, he is seeking bail in the instant case. It is also submitted that there are no previous criminal antecedents of the applicant. He is languishing in jail since 05.04.2025. It is also undertaken on behalf of applicant that he will abide by all terms and conditions as imposed by this Court while granting bail. 4. Per contra, learned A.G.A. appearing on behalf of State vehemently opposed the instant bail application but he has not contradicted the facts as stated above by learned counsel for the applicant. 5. Heard Sri Manoj Kumar Verma, learned counsel for the applicant as well as Sri S. K. Ojha, learned A.G.A. appearing on behalf of the State in advance notice and perused the contents made in the first information report as well as material placed on record. 6. It is admitted fact that a girl child was born from the said wedlock and it is not disputed that both were married to each other. The allegation against the applicant and co-accused Vaishali is that they have filed a false marriage certificate alongwith writ petition. No doubt, they have committed a very serious offence. Learned Single Judge of this Court has directed to conduct inquiry and in the inquiry report it was found that marriage certificate was forged and in pursuance of that the instant F.I.R. was lodged but it is also admitted fact that both were married couple and from the same wedlock a girl child was born on 01.05.2025. 7. Taking into consideration the nature of offence, undertaking given by the applicant for co-operation in the investigation as well as in trial, no previous criminal antecedents of the applicant and also the fact that no material brought by learned A.G.A. on record that if the applicant is released on bail, he will misuse the bail condition, without expressing any opinion on the merits of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 8. Let the applicant-Gulshan, 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 23.5.2025 AKT (Chandra Dhari Singh,J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad