Neeraj Kumar Yadav v. State of U.P. Thru. Secy. Deptt. of Home Civil Sectt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12931 of 2023 Applicant :- Neeraj Kumar Yadav Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home Civil Sectt. Lko Counsel for Applicant :- Suyesh Pradhan Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Suyesh Pradhan, learned counsel for the applicant, Sri Arpit Kumar, learned A.G.A. for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No.331 of 2023, under Sections 419, 420, 467, 468, 471 I.P.C., registered at Police Station Kotwali Akbarpur, District Ambedkar Nagar.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 15.06.2023 against one Balram Verma, alleging that the named accused person had approached the Additional District Magistrate for joining on the post of Public Relations Officer on the basis of forged appointment letter on

14.06.2023.

¶4The police claimed to have arrested Balram Verma on

16.06.2023 on the basis of information received from a mukhbir. It is alleged that the applicant was also standing with the named accused who told that the applicant had provided him the fake appointment letter. A mobile phone and Rs.250/- were recovered from the applicant's possession.

¶5In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

¶6The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has been implicated in the present case merely on the basis of the custodial statement of the named accused person and no incriminating material has been recovered from the applicant, coupled with the fact that the applicant has no previous criminal history and he is languishing in jail since 16.06.2023 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

¶9Accordingly, this bail application stands allowed.

¶10Let the applicant-Neeraj Kumar 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 magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi, J.) Order Date :- 2.11.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench