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Neutral Citation No. - 2025:AHC:103287 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22119 of 2025 Applicant :- Amit Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Anil Kumar Dubey, learned counsel for the applicant, Sri Rajeev Kumar Sonkar, learned State Law Officer 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. 139 of 2024, under Sections 420, 467, 468, 471, 406 IPC, Police Station- Haldaur, District Bijnor.
3. Contention of learned counsel for the applicant is that a KCC loan was sanctioned on the agriculture land of the applicant in Khata No.468 which has been duly recorded in the name of appellant in Khatauni. Before sanctioning the KCC loan, the Branch Manager as well as panel lawyer of the bank conducted necessary inquiry and approved the same, therefore, no forgery has been committed by the applicant. It is further submitted that Regional Manager of bank has also stated in the statement that Branch Manager Bharat Bhusan himself sanctioned the loan after verification of the document but required endorsement was not made on the Khatauni which was required as per the circular. It is further submitted that the applicant has no criminal history and he is in jail since 28.03.2025. 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- Amit 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.
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 :- 3.7.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad