Farman Vs State of U.P.

Neutral Citation No. - 2025:AHC:76745

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7961 of 2025

Applicant :- Farman Opposite Party :- State of U.P. Counsel for Applicant :- Pavan Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Chandra Dhari Singh,J.

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The instant bail application under Section 483 of B.N.S.S. has been filed on behalf of applicant for bail in Case Crime No. 280 of 2024, under Sections 420, 406, 467, 468, 471 and 120-B I.P.C., Police Station - Najibabad, District - Bijnor, during pendency of trial.

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Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and has not committed any offence as alleged in the F.I.R. It is further submitted that applicant was not named in the F.I.R. and his name was disclosed in the second statement of the informant. It is submitted that applicant is running a Jan Seva Kendra at Nazibabad. It is alleged that allegation made by the informant against applicant that he made forged documents like AADHAR Card, PAN Card and on the basis of such forged documents, a nonregistered agreement between the co-accused Arif and informant has been executed. Co-accused namely Arif, who was the main accused has already been released on bail by the co-ordinate Bench of this Court vide order dated 03.04.2025. It is also submitted that criminal history of three cases have been explained in para no. 26 of the paper book. It is further submitted that after completion of investigation, charge sheet has been filed on 29.12.2024 and court has taken cognizance on 23.02.2025. Applicant is languishing in jail since 23.11.2024.

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Taking into consideration the aforesaid facts, it is prayed by learned counsel appearing on behalf of applicant that applicant may be released on bail in the aforesaid crime. It is undertaken by learned counsel for the applicant that applicant shall abide by all terms and conditions as imposed by this Court.

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Per contra, learned AGA vehemently opposed the bail application of applicant by submitting that applicant is the main culprit, who has made forged documents in his Jan Seva Kendra

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and on that basis the agreement to sell dated 05.01.2024 has been executed between the parties, but he has not contradicted the facts as stated by learned counsel for the applicant during arguments.

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Heard learned counsel appearing on behalf of applicant, Mr. Rajesh Kumar Gupta, learned AGA appearing on behalf of the State, perused the contents made in bail application and material available on record.

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It is admitted fact that after completion of investigation, charge sheet has been filed and the court concerned has taken cognizance; there is no previous criminal history against the applicant; applicant is languishing in jail more than seven months, there is no possibility of completion of trial in near future and there is no material brought by learned AGA to establish that if applicant may grant bail he will influence the trial or influence the witnesses.

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Taking into consideration all the entirety of the matter as discussed above, without expressing any finding or opinion on merits of the case, the applicant is releasing on bail. Accordingly, the bail application is allowed.

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Let the applicant - Farman , who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 1,00,000/- (One Lac) and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall not tamper with evidence.

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(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case,

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(2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 12.5.2025 VS

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(Chandra Dhari Singh,J.)

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Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad

Farman v. State of U.P.

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