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Neutral Citation No. - 2025:AHC:115450 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21650 of 2025 Applicant :- Awadhesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Pandey Counsel for Opposite Party :- G.A.,Mayank Yadav,Vivek Kumar Singh Hon'ble Arun Kumar Singh Deshwal,J.
1. Supplementary affidavit filed on behalf of the applicant is taken on record.
2. Heard Sri Ajay Kumar Pandey, learned counsel for the applicant, Ms. Sinduja Rathi Bhargava, Advocate, holding brief of Sri Mayank Yadav along with Sri Vivek Kumar Singh, learned counsel for the informant, Sri Ramesh Kumar, learned A.G.A. for the State and perused the record.
3. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 206 of 2025, under Sections 318(4), 338, 336(3), 340(2), 61(2) B.N.S., Police Station- Jagdishpura, District- Agra, during the pendency of the trial.
4. Contention of learned counsel for the applicant is that only allegation against the applicant is that he is the power of attorney holder of one Sushil Kumar. He executed certain sale deeds of land in Gata No. 971 area 1150 sq. metre though subsequently, it was found that the land does not belong to Sushil Kumar. He manipulated to enter his name in the revenue records by committing forgery. It is further submitted that on the date of execution of power of attorney in favour of the applicant, name of Sushil Kumar was in the revenue records. Therefore, applicant has not committed any forgery and it is Sushil Kumar who can be said to commit forgery. It is
also submitted that the charge-sheet has already been filed. Therefore, there is no requirement of custodial interrogation. It is also submitted that applicant has no criminal antecedents to his credit. The applicant is languishing in jail since
14.05.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.
5. Per contra, learned counsel for the informant and learned A.G.A. have vehemently opposed the prayer for bail but could not dispute the aforesaid fact.
6. 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- Awadhesh Kumar 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 :- 16.7.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad