HEMENDRA PRAKASH VERMAversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 37950 of 2025

Hemendra Prakash Verma
                                                          .....Applicant(s)
                                  Versus

State of U.P.
                                                             .....Opposite
                                                                   Party(s)

Counsel for Applicant(s)          :   Pradeep Kumar, Pulak Ganguly
Counsel for Opposite Party(s)     :   G.A.

Court No. - 69
           HON'BLE ARUN KUMAR SINGH DESHWAL, J.

1. Heard Sri Pradeep Kumar along with Sri Pulak Ganguly, learned
counsel for the applicant, Sri D.P.S. Chauhan, learned A.G.A. for the
State and perused the record.

2. The instant bail application has been filed with a prayer to release
the applicant on bail in Case Crime No.828 of 2021, under Sections-
420, 467, 468, 471, 120B IPC, Police Station-Kotwali, District-
Mathura, during the pendency of the trial.

3. Contention of learned counsel for the applicant is that as per the
prosecution case, the applicant has issued a certificate regarding
purification of the gold kept by the co-accused to take gold loan.
Subsequently, the aforesaid certificate was also sent to FSL to verify
the signature of the applicant in the certificate issued by the applicant.
Learned counsel for the applicant has submitted that as per the FSL
report annexed at page no.10 of the affidavit filed by the Investigating
Officer dated 27.11.2025, the signature on the certificate in question
has not been matched with the admitted signature of the applicant.
Therefore, applicant has been falsely implicated. It is the co-accused
who had prepared the forged certificate on behalf of the applicant. It
is further submitted that the applicant has explained the criminal
history of two cases in the accompanying affidavit. It is further
submitted that charge sheet has been filed in the present case,
therefore, there is no requirement of custodial interrogation. The
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                              2


applicant is a law abiding citizen and he is languishing in jail since
18.08.2025. In case, he is granted bail, he will not misuse the liberty
of bail and would cooperate in the trial proceedings.

4. Per contra, learned A.G.A. has vehemently opposed the prayer for
bail but could not dispute the aforesaid facts.

5. Considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties and keeping in view
the nature of offence, evidence, complicity of the accused and taking
into account overcrowded jails and heavy pendency of criminal cases
before the trial courts as well as considering the mandate of the
judgement of the Apex Court in the case of Kapil Wadhawan vs
Central Bureau of Investigation reported in 2025 SCC OnLine SC
3038 and without expressing any opinion on the merits of the case, I
am of the opinion that the applicant is entitled to be enlarged on bail.

6. Let the applicant- Hemendra Prakash Verma, 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:-

i. 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.

ii. The applicant shall cooperate in the trial/investigation sincerely
without seeking any adjournment.

iii. The applicant shall not indulge in any criminal activity or
commission of any crime after being released on bail.

iv. The applicant shall attend in accordance with the conditions of the
bond executed by him.

7. In case of breach of any of the above conditions, it shall be a
ground for cancellation of bail.
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                                    8. Identity, status and residence proof of the applicant and sureties be
                                    verified by the court concerned before the bonds are accepted.

                                    9. It is made clear that the applicant shall be released on the basis of
                                    computer generated copy of this order, downloaded from the official
                                    website of High Court Allahabad and verified by the concerned
                                    counsel with the undertaking that the certified copy will be filed within
                                    15 days.

                                    10. It is further directed that the trial court shall send the release order
                                    to the concerned jail through Bail Order Management System
                                    (BOMS) to ensure early release of the applicant.

                                    11. Office is directed to send a copy of this order to the applicant
                                    through concerned Jail Superintendent via e-mail or e-prison portal in
                                    compliance of the order of the Apex Court in the case of Policy
                                    Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.)
                                    No.4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC
                                    685.



                                                                             (Arun Kumar Singh Deshwal,J.)
                                    February 20, 2026
                                    S.C.




Digitally signed by :-
SHUBHAM CHAURASIA
High Court of Judicature at Allahabad