Shaktipal Singh Vs State of U.P. Thru. Prin. Secy. Home Lko.

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Neutral Citation No. - 2024:AHC-LKO:42312

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Reserved

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Court No. - 31

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14420 of 2023

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Applicant :- Shaktipal Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Vinay Kumar Tiwari,Vimal Kishor Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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1-Heard learned counsel for the parties and perused the record.

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2-The instant bail application under Section 439 of Cr.P.C. has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 0346 of 2019, under Sections 420, 467, 468, 471 I.P.C., Police Station-Hazratganj, DistrictLucknow, during the pendency of trial.

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3-As per the prosecution case in brief, informant Shivbaran has lodged a first information report on 01.07.2019 against Sumit Singh for the offence under Section 420 I.P.C. alleging interalia that on 01.07.2019 at about 10:45 a.m., one person namely Sumit Singh came at Gate No. 8 of Vidhan Bhawan and on being asked to show his pass by the guard posted there, he showed an entry pass which was a fake one. After verifying about the said entry pass of Vidhan Bhawan, it was found that the said entry pass has not been prepared or issued from the

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office of Vidhan Bhawan and some persons have taken money for the purpose of giving job at Vidhan Bhawan.

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4-It is argued by learned counsel for the applicant that the applicant is not named in the F.I.R. It is next argued that after culmination of investigation, final report was submitted by the Investigating Officer on 24.12.2020 but the same was cancelled on 28.06.2022 and an order for further investigation was made and thereafter, charge-sheet was submitted against the applicant. It is also submitted that the applicant is doing job at a hotel in Mumbai and he has no concern with the alleged case. Much emphasis has been given by contending that in fact co-accused Sumit Singh is close friend of Ankit Singh and Ankit Singh is relative of the applicant who, in good faith, allowed Ankit Singh to get the money transferred online in his account and thereafter, he gave the said money in cash to co-accused Ankit Singh. It is next submitted that though the F.I.R. was lodged on 01.07.2019 but the applicant was arrested on 18.11.2023, after delay of more than four years. The applicant had no connection in the Secretariat or PWD but co-accused Sumit Singh had relation with co-accused Amit Kumar Shukla who was temporarily posted in the Secretariat. It is also pointed out that co-accused Amit Kumar Shukla has been granted bail by this Court vide order dated 18.01.2024 in Criminal Misc. Bail Application No. 597 of 2024. Lastly it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant has no criminal history to his credit and is languishing in jail since 18.11.2023. In case applicant is released on bail,

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he will not misuse the liberty of bail and will cooperate in the early disposal of the case.

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5-Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant but does not dispute the above factual aspect of the matter as argued on behalf of the applicant.

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6-Having heard learned counsel for the parties and examined the matter in its entirety, I find that Sumit Singh, in whose favour identity card was issued, is also an accused in this case. As per the statement of Ankit Singh, a fake joining letter and entry pass of the Secretariat were given to Sumit Singh by Shakti Pal and Amit Kumar Shukla. Co-accused Amit Kumar Shukla has been granted bail as noted above.

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7-Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail. Hence, the bail application is hereby allowed .

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8-Let the applicant-Shaktipal Singh, be released on bail in the aforesaid case crime number 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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(i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.

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(ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with

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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.

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(iii) That after his release, the applicant shall not involve in any criminal activity.

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(iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail.

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9-In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant.

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Order Date :- 03.06.2024

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saurabh

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Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Shaktipal Singh v. State of U.P. Thru. Prin. Secy. Home Lko.

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Shaktipal Singh v. State of U.P. Thru. Prin. Secy. Home Lko.

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