Brijesh Kumar Awasthi Vs State of U.P. Thru. Prin. Secy. / Addl. Chier Secy. Home Lko.

Neutral Citation No. - 2025:AHC-LKO:13510

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8985 of 2023

Applicant :- Brijesh Kumar Awasthi Opposite Party :- State Of U.P. Thru. Prin. Secy. / Addl. Chier Secy. Home Lko.

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Counsel for Applicant :- Ramesh Pratap Singh,Prateek Tewari,Shailendra Kumar Dubey

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Counsel for Opposite Party :- G.A.,S.A.Khan

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Hon'ble Shree Prakash Singh,J.

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Supplementary Affidavit filed today on behalf of the applicant is taken on record.

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

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The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 09 of 2018, under sections 419, 420, 466, 467, 468, 471 and 120-B of the I.P.C., Police Station-Kotwali Nagar, District-Gonda.

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Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He added the forged document is said to be recovered from the alleged house of the applicant when he was in jail. He next added that in the year 2022, he had sold out the house in question and someone other had possession over there. He submits that the applicant is not the beneficiary of the alleged document, which is said to be used for mutation of some land and there is no documentary evidence against him that he was involved in committing the offence. He next submits that the applicant has explained the criminal history and he is languishing in jail since 24-01-2023 and the chargesheet has been filed and as such, there is no possibility that the applicant would tamper the evidences or would threaten the witnesses. Further submitted that the applicant undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings.

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Per contra, learned counsel for the complainant and learned AGA appearing for the State have opposed the contentions aforesaid and submitted that there are serious allegations against the applicant and as such, he is not entitled for any relief.

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Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is languishing in jail since 24-01-2023;the chargesheet has been filed and as such, there is no possibility that the applicant would tamper the evidences or would threaten the witnesses; criminal history of the applicant has been explained coupled with the fact that he has undertaken that if he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings.

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Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail.

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Let the applicant- Brijesh Kumar Awasthi involved in the aforementioned crime 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:-

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(1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;

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(2) 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. He 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

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may proceed against him under Section 229-A of the Indian Penal Code;

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(3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and

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(4) 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, 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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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case.

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Order Date :- 5.3.2025 AKS

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Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Brijesh Kumar Awasthi v. State of U.P. Thru. Prin. Secy. / Addl. Chier Secy. Home Lko.

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Brijesh Kumar Awasthi v. State of U.P. Thru. Prin. Secy. / Addl. Chier Secy. Home Lko.

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