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2025 DAILYLAW 67427 (ALL)

GOPI CHAND v. STATE OF U.P.

BAIL/20785/2025 · 2025-07-07

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107666 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20785 of 2025 Applicant :- Gopi Chand Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Kumar, Ashutosh Gupta,Vandana Gupta Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Ashutosh Gupta, learned counsel for the applicant, Sri Brijesh Kumar Dwevedi, learned A.G.A. for the State and perused the record. 2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No.274 of 2024, under Sections 406, 420, 467, 468, 471, 120-B IPC, Police Station- Barsana, District Mathura. 3. Contention of learned counsel for the applicant is that the allegation against the applicant in the FIR is, that he after preparing forged lease deed/ Patta of the land of first informant in Gata no.54 obtained the amount of crop insurance. It is further submitted that the applicant has taken a loan on Gata no.54 and lease deed has also been executed by the first informant in his favour. Subsequently a dispute arose over the amount of crop insurance, first informant lodged FIR on the basis of false allegation. It is further submitted that there is no handwriting expert's report showing that first informant has not signed the lease deed/Patta in question. He further submitted that charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. The applicant is a law abiding citizen and he is languishing in jail since 27.03.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned A.G.A. for the State opposed the prayer for bail. 5. 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. 6. Let the applicant- Gopi Chand 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. 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 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad