The granting of bail can be influenced by factors such as the involvement of the accused, the nature of the alleged crime, and the actions taken by the prosecution and other involved parties.

JUDGMENT :

Subhash Vidyarthi, J.

1. Heard Sri Satendra Kumar Singh, the learned counsel for the applicant, Sri Rao Narendra Singh, learned AGA-I for the State, Sri Santosh Kumar Tripathi, learned counsel for the informant and perused the record.

2. The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 284 of 2019, under Sections 419, 420, 467, 468, 471, 120-B IPC, Police Station Kotwali Nagar, District Gonda.

3. The aforesaid case has been registered on the basis of an FIR lodged on 14.04.2019 against five persons, in furtherance of application under Section 156(3) Cr.P.C. stating that the informant had been adopted by the maternal grandfather of his own father through a registered adoption deed dated 15.09.1994. After death of the informant's adoptive father, the accused persons, who were related to the deceased, prepared a fake will dated 09.01.1996 and got the same registered. The applicant was posted as Sub Registrar, Gonda at the time of registration of the alleged fake will dated 09.01.1996.

4. The applicant's involvement in 29 cases has been disclosed and it has been stated that in 13 cases the Investigating Officer has submitted final report, in one case his arrest has been stayed by the High Court and two cases have wrongly been mentioned against him. The applicant has been taken into custody in only three cases, in one of which the applicant has already been granted bail. In ten cases, the investigation against the applicant is still pending. The learned counsel for the applicant has submitted that the beneficiaries of the will, namely, Kaushal Kumar Pandey, Gyanendra Nath Pandey and Matsyendra Nath Pandey have been granted anticipatory bail by means of the order dated 18.05.2022 passed by this Court in Criminal Misc. Anticipatory Bail Application No. 1179 of 2023. Another co-accused Ayodhya Prasad Ojha, who is an attesting witness of the alleged fraudulent will, has been granted anticipatory bail by means of the order dated 16.06.2023 passed by this Court in Criminal Misc. Anticipatory Bail Application No. 1408 of 2023.

5. Learned counsel for the applicant has vehemently opposed the bail application and submitted that the applicant has a long criminal history, therefore, he should not be enlarged on bail.

6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has merely registered the document presented by him and the beneficiaries of the documents and the attesting witnesses have already been granted anticipatory bail by this Court; although the applicant has long criminal history and in as many as 13 cases the police has already submitted a final report and the applicant has been taken into custody only in three cases in one of which he has already been granted bail, I am of the view that the applicant is entitled to be released on bail in the present case.

7. Accordingly, this bail application is allowed.

8. Let the applicant Saurabh Kumar Singh be released on bail in Case Crime No. 284 of 2019, under Sections 419, 420, 467, 468, 471, 120-B IPC, Police Station Kotwali Nagar, District Gonda on furnishing a bail 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 temper 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.

9. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.