Amresh Kumar Rawat Vs State of U.P. Thru. Prin. Secy. Home Lko.

Neutral Citation No. - 2025:AHC-LKO:32814

Court No. - 13

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4786 of 2025

Applicant :- Amresh Kumar Rawat Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Vivek Chandra Counsel for Opposite Party :- G.A.

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Hon'ble Manish Mathur,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.

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The present bail application has been filed by accusedapplicant seeking bail in Case Crime No. 927/2022, under Sections 419, 420,467, 468, 471 Indian Penal Code, Police Station Kotwali Nagar, District Barabanki.

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As per contents of the FIR the persons nominated therein allegedly are instrumental in fabrication of sale deed. The applicant is not named in the FIR.

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Learned Counsel for the applicant submits that it is alleged in the prosecution case that some impostor has sold plot no.514 of the informant to Soni Kumari. Name of the applicant has surfaced in the confessional statement of the co-accused Soni Kumari, who is a builder. Role assigned to the present applicant is of facilitator in preparing impostor, photograph etc. The applicant is not named in the First Information Report.

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Learned counsel for applicant submits that co-accused persons namely Poonam Pandey and Kuldeep Kumar have been enlarged on bail by coordinate Bench of this Court vide orders dated 3.12.2022 and 2.3.2023, a copy of which has been annexed to the Affidavit. The applicant seeks parity with the bail orders of co-accused persons. The applicant's previous criminal history of three cases has been explained in paragraph20 of the bail application. The applicant is in jail since 06.04.2023.

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Learned A.G.A. has opposed the bail prayer and submits that charge-sheet in the matter has been filed.

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On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail

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since 06.04.2023, charge-sheet has been filed in this case, the applicant is not named in the First Information Report, without expressing any opinion on merits of the case I find it to be a fit case for enlarging the applicant on bail on the ground of parity.

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Accordingly, the bail application is allowed . Let the applicant- Amresh Kumar Rawat be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:

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

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Order Date :- 29.5.2025 Satish

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Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench

Amresh Kumar Rawat v. State of U.P. Thru. Prin. Secy. Home Lko.

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