Anil Kumar Alias Anil Kashyap Vs State of U.P. Thru. Prin. Secy. Home Lko

Neutral Citation No. - 2024:AHC-LKO:56565

Court No. - 14

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8882 of 2024

Applicant :- Anil Kumar Alias Anil Kashyap Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Anurag Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Vakalatnama filed by Shri Shailendra Pathak, Advocate on behalf of the complainant is taken on record.

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Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Shailendra Pathak, learned counsel for the complainant.

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It is alleged in the prosecution case that husband of the informant was threatened by the accused Devendra Singh and while doing that land of her husband has been transferred in the name of Devendra Singh and others. Thereafter he was kidnapped and is missing till date. It is further alleged that after the order passed by the State Government in the year 2021, Case Crime No.323 of 2021 under Sections 342, 323, 506, 364 IPC was registered against the accused. It is also alleged that accused Devendra Singh by hatching criminal conspiracy committed fraud and forgery and by making forged signature of her husband, forged death certificate has been issued regarding her husband's death by the Nagar Palika Parishad Bahraich.

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Learned counsel for the applicant submits that the applicant is Vaccinator in the Nagar Palika Parishad. His job is not to issue or facilitate in issuing any death certificate. Allegation of forgery has been made for the application which was given on behalf of the complainant. It is not a case of the prosecution that death certificate is forged. Forgery on the application is alleged to have been done by the co-accused and not by the applicant. The applicant is innocent and has no criminal history.

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Per contra, learned AGA and learned counsel for complainant has vehemently opposed the bail application and submitted that the applicant has deposited necessary fee for issuing death certificate and has forwarded the alleged application for issuing

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death certificate.

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Perused the record.

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Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, the offence is triable by Magistrate, arguments advanced by learned counsel for the parties, the applicant is in jail since 07.06.2024 and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail.

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Let the applicant Anil Kumar Alias Anil Kashyap involved in Case Crime No.415 of 2023 under sections 419, 420, 467, 468, 471, 120-B I.P.C.P.S.Dargah Shariff, district Bahraich 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 which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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.

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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(vi) In case the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial

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court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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The application is allowed accordingly.

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Order Date :- 20.8.2024 Renu/-

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Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench

Anil Kumar Alias Anil Kashyap v. State of U.P. Thru. Prin. Secy. Home Lko

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Anil Kumar Alias Anil Kashyap v. State of U.P. Thru. Prin. Secy. Home Lko

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