Neutral Citation No. - 2025:AHC:24644 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1735 of 2025 Applicant :- Aner Singh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Satyam Singh,Swapnesh Singh,Sr. Advocate,Yadvendra Krishan Counsel for Opposite Party :- G.A.,Pooja Chand Dwivedi,Saumya Singh Hon'ble Sameer Jain,J. 1. Heard Sri Ravesh Kumar Singh, learned Advocate holding brief of Sri Swapnesh Singh, learned counsel for the applicant, Ms. Saumya Singh, learned counsel for the informant and Dr. S.B. Maurya, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 112 of 2024, under Sections 120B, 406, 420, 467, 468, 471, 34 IPC, Police Station Friends Colony, District Etawah during pendency of the trial. 3. FIR of the present case was lodged against applicant and his son and according to the FIR grand-father of the informant executed a lease deed for 99 years in the year 1996 in favour of the applicant and thereafter he prepared a fake gift deed of the property. 4. Learned counsel for the applicant submits, entire allegation leveled against the applicant is totally false and applicant never prepared any fake gift deed. He further submits, even present dispute appears to be civil dispute. 5. He further submits, all the alleged offences are triable by Magistrate-I class and applicant is aged about 70 years and is having several ailments and his medical report has been annexed along with instant bail application. 6. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 09.01.2025. 7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that applicant is the person who prepared fake gift deed and he also made forgery in the public document, therefore, it cannot be said that he is innocent but they could not dispute the fact that all the alleged offences are triable by Magistrate and applicant is 70 years old and from the medical report of the applicant, it appears, he is having several ailments. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation applicant prepared fake gift deed but it reflects, he is 70 years old person having several ailments. 10. Further, all the alleged offences are triable by Magistrate and applicant is not having any criminal history and in the present matter he is in jail since 09.01.2025. 11. Further, law is settled that bail is a rule while bail rejection is an exception and unless proven guilty an accused is deemed to be innocent and bail should not be dismissed for punitive purpose. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant - Aner Singh Yadav be released on bail in the aforesaid case on 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 appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 15. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 16. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 20.2.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad