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Neutral Citation No. - 2025:AHC:67536 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27437 of 2024 Applicant :- Ashwani Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Shukla,Om Prakash Vishwakarma,Sarvesh Kumar Dubey Counsel for Opposite Party :- G.A.,Rajesh Yadav Hon'ble Dr. Gautam Chowdhary,J.
1. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the material brought on record. 3. Learned counsel for the applicant submits that F.I.R. was lodged on the basis of application under Section 156(3) Cr.P.C. with the allegation that one named accused-Pravindra Kumar and his associates cheated the informant for providing government job and took three lakh rupees, but later on when it was found forged the applicant returned Rs. 1,50,000/- and for rest amount he had denied. Learned counsel further submits that matter relates to financial dispute, that will be seen at the trial. From the allegations made against the applicant no case under Section 467 I.P.C. is made out and the case of applicant does not travel beyond Section 467 I.P.C. Rest offences are punishable upto seven years only. 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 24.06.2024, with no criminal history. 4. Though, the learned A.G.A. for the State as well as learned counsel for the informant have opposed the prayer for bail but they
could not dispute the above submissions made on behalf of applicant. 5. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 6.
Let the applicant-Ashwani Kumar, be enlarged on bail in Case Crime No. 262 of 2023, under Sections 419, 420, 467, 471, 504, 506, 120-B, 406 I.P.C., Police Station- Sikrara, District- Jaunpur, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with 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.
7. 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.
Order Date :- 30.4.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad