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Neutral Citation No. - 2025:AHC:122332 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19099 of 2025 Applicant :- Rahul Dev Sen Urf Rahul Thakur Opposite Party :- State of U.P. Counsel for Applicant :- Prashant Yadav,Rajeev Kumar Counsel for Opposite Party :- G.A.,Ramesh Kumar Shukla Hon'ble Dr. Gautam Chowdhary,J.
1. Heard Shri Rajeev Kumar, learned counsel for the applicant, learned A.G.A. for the State as well as Shri Manoj Kumar Dubey, Advocate, holding brief of Shri Ramesh Kumar Shukla, learned counsel for the informant and perused the record. 2. On the request of the learned counsel for the applicant vide order dated 18.07.2025 the case was directed to be taken up today with the direction that on the next date fixed the learned counsel for the applicant will bring demand demand draft of Rs. 4,50,000/- payable to the first informant. 3. Pursuant to the earlier order of this Court dated 18.07.2025, today the learned counsel for the applicant has produced a demand draft of HDFC Bank dated 22.07.2025 bearing No. 001654 payable to Alpha Engineering (informant's firm) amounting to four lakh fifty thousand rupees (disputed money), which has been accepted by the learned counsel for the informant. Photocopy of the said demand draft has been taken on record and is marked as 'X'. An endorsement has also been made by both the counsel for the parties in the order sheet of the present bail application. Thus, no dispute of money remains between the parties which has raised the present proceeding against the applicant. 4. 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 applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant is in jail since 05.05.2025, with no previous criminal history. 5.
Learned A.G.A. for the State submits that since applicant has given the aforesaid demand draft of the amount in question which has been accepted on behalf of informant, thus, he may be enlarged on bail. 6. After perusing the record and after taking an overall view of all the
facts and circumstances of this case, the nature of evidence and also
absence of any convincing material to indicate possibility of tampering with the evidence and considering that pursuant to the earlier order of this Court dated 18.07.2025 the disputed money has been given to the
learned counsel for the applicant in the form of aforesaid demand draft and which has also been accepted by the learned counsel for the informant, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail.
7. Let applicant-Rahul Dev Sen Urf Rahul Thakur, involved in Case Crime No. 177 of 2023, under Sections 419, 420, 467, 468, 504, 506 I.P.C., Police Station Shivkuti, District Prayagraj, be enlarged on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to 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.
8. 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.
9. The bail application is allowed.
Order Date :- 24.7.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad