Allowed

Raj Bahadur Singh v. State of U.P.

Allahabad HC9 Jan 2023BAIL/52015/2022

Case brief

AI extract

What is this about?

This court allowed a bail application filed by Raj Bahadur Singh in a criminal case involving cheating and criminal breach of trust. The applicant alleged false implication and lack of witness statements by the investigating officer. The court found a case for bail based on the circumstances without expressing an opinion on the merits.

What did the court decide?

The applicant was released on bail upon furnishing a personal bond and two sureties of equal amount subject to conditions against tampering and further offending.

Raj Bahadur Singh Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52015 of 2022

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Applicant :- Raj Bahadur Singh Opposite Party :- State of U.P. Counsel for Applicant :- Jai Prakash Singh,Sanjay Kumar Pal Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard Sri Jai Prakash Singh, learned counsel for the applicant, Sri Ram Adhar Ram, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 266 of 2022, registered under Sections 420, 406, 506 I.P.C., Police Station Beeta-II, NOIDA, District Gautam Budh Nagar during pendency of the trial.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. He further submitted that allegation made in the FIR is purely civil in nature and no case is made out under the aforesaid sections. Investigating Officer has submitted charge-sheet after recording statement of the informant. No witness statement has been taken by the Investigating Officer. Applicant is partner of the informant and informant had borrowed money from the applicant and main allegation is against the co-accused, namely, Vivek Kumar Singh. FIR is delayed but there is no plausible explanation for the same, which creates suspension in the prosecution story. Applicant has no previous criminal history. The applicant is languishing in jail since 29.09.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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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 accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Raj Bahadur Singh, who is involved in the aforesaid case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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

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

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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 :- 9.1.2023 Nitin Verma

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Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad

Raj Bahadur Singh v. State of U.P.

Case brief

What is this about?

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Raj Bahadur Singh v. State of U.P.

Case brief

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