Madan Nag vs State of U.P. Thru. Prin. Secy. Home Lko. — Cheating and Forgery | Allahabad HC (2025)

Madan Nag vs State of U.P. Thru. Prin. Secy. Home Lko. — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Applicant Madan Nag to be released on bail in Case Crime No. - 931/2022 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to conditions: (i) he shall not tamper with the prosecution evidence; (ii) he shall not pressurize the prosecution witnesses; (iii) he shall appear on each and every date fixed by the trial Court; the trial court/concerned court may also impose any other condition it deems fit and proper.

Issue for consideration

Whether applicant Madan Nag, involved in Case Crime No. - 931/2022 (Sections 419, 420, 467, 468, 471, 120-B I.P.C., P.S. Kotwali Nagar, District Barabanki), is entitled to be released on bail.

Court's answer

The applicant deserves to be released on bail, considering that the offences are triable by the Magistrate, co-accused Dipu Rawat has already been enlarged on bail, the applicant has been incarcerated since 09.10.2022, and his criminal antecedents have been explained in paragraph 11 of the bail application.

Key takeaways

The observations made in the order are confined to the present bail application and shall have no bearing on the merits of the trial.obiter¶24

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Court No. 15) — Karunesh Singh Pawar, J. (order dated December 8, 2025): Bail application allowed. Applicant Madan Nag, arraigned in Case Crime No. - 931/2022, Under Sections 419, 420, 467, 468, 471, 120-B I.P.C., P.S. Kotwali Nagar, District Barabanki, held entitled to release on bail because (a) the offences are triable by the Magistrate, (b) co-accused Dipu Rawat — alleged to have impersonated the complainant and executed the sale deed — had already been enlarged on bail by a Coordinate Bench vide order dated 02.05.2025 in Criminal Misc. Bail Application No. 10066 of 2024, (c) the applicant had been incarcerated since 09.10.2022, and (d) his criminal antecedents (over ten further cases from the same matter) were disclosed and explained in paragraph 11 of the bail application. The A.G.A. opposed the prayer but did not dispute the facts urged. Release directed on a personal bond and two sureties each in the like amount, with conditions against tampering with prosecution evidence and pressurizing prosecution witnesses and an undertaking to appear on every trial-court date; the Court may impose further conditions. The Court expressly confined its observations to the bail application, stating they have no bearing on the merits of the trial.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 10900 of 2024

Madan Nag

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko.

	.....Opposite Party(s)
Counsel for Applicant(s)	: Upendra Prakash Pathak
Counsel for Opposite Party(s)	: G.A.

Court No. - 15

HON'BLE KARUNESH SINGH PAWAR, J.

Heard learned counsel for the applicant, learned AGA for the State and perused the record.

Learned counsel for the applicant submits that co-accused Dipu Rawat, who is alleged to have impersonated the complainant and executed the sale deed in favour of the purchaser, has already been granted bail by a Coordinate Bench of this Court vide order dated 02.05.2025 passed in Criminal Misc. Bail Application No. 10066 of 2024. It is argued that the applicant stands on an even better footing, as he is merely a marginal witness in the alleged transaction. The applicant has been in custody since 09.10.2022. It is further submitted that subsequent to the present incident, several more cases, over ten in number, have been registered against the applicant stemming from the same matter. His criminal antecedents have been duly disclosed in paragraph 11 of the bail application. The offences alleged are triable by the Magistrate.

It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

Considering that the offences are triable by the Magistrate, co-accused Dipu Rawat has already been enlarged on bail, the applicant has been incarcerated

BAIL No. 10900 of 2024

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since 09.10.2022, and his criminal antecedents have been explained in paragraph 11 of the bail application, this Court is of the view that the applicant deserves to be released on bail.

Accordingly, the bail application is allowed.

Let the applicant Madan Nag , involved in Case Crime No. - 931/2022, Under Section -419, 420, 467, 468, 471, 120-B I.P.C., Police Station - Kotwali Nagar, District - Barabanki, be released on bail in the aforementioned 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.

Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed.

It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial.

(Karunesh Singh Pawar,J.)

December 8, 2025 R.C.

Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench