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Neutral Citation No. - 2025:AHC:108013 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18154 of 2025 Applicant :- Brijmohan Opposite Party :- State of U.P. Counsel for Applicant :- Rohit Shukla,Ronak Chaturvedi Counsel for Opposite Party :- G.A.,Santosh Kukmar Tiwari Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Ronak Chaturvedi, learned counsel for the applicant, Sri Santosh Kumar Tiwari, learned counsel for the first informant and Sri Rajiv Kumar Singh, learned A.G.A. for the State and perused the material available on record.
3. Applicant seeks bail in Case Crime No. 02 of 2025, under Sections 318(4), 338, 336(3), 340(2), 61(2) of B.N.S., Police Station - Baldev, District - Mathura, during the pendency of trial.
4. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that allegation as the first information report is that applicant has gifted his land gata no. 2 to his daughter by incorrectly mentioning boundary. There is boundary dispute pending between the parties before the S.D.M, Mahawan, Mathura under Section 145 Cr.P.C. It is further submitted that it is purely a boundary dispute and does not fall within the category of any forgery. Charge sheet has already been submitted against the applicant, therefore, there is no requirement of custodial interrogation. Criminal history of the applicant has been explained in paragraph-40 of the affidavit filed in support of bail application. The applicant is a law abiding citizen and is languishing in jail since 27.02.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.
5. On the other hand, learned A.G.A. for the State opposed the prayer for bail, but he could not dispute the aforesaid fact.
6. Thus, considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without
expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
7. Let the applicant- Brijmohan, involved in the aforementioned crime be released on bail, on his 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 not directly or indirectly make any 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 to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him.
8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 8.7.2025 PS Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad