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

Neutral Citation No. - 2024:AHC-LKO:55501

Court No. - 14

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5503 of 2023

Applicant :- Ramesh Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Kaushal Kishore Tewari Counsel for Opposite Party :- G.A.,Anil Kumar Awasthi

¶5

Hon'ble Karunesh Singh Pawar,J.

¶6

Heard learned counsel for the applicant, learned AGA for the State as well as learned counsel for the complainant.

¶7

It is alleged in the prosecution case that on 05.02.2022 at about 8:00 am, husband of the informant Gurbaksh Singh after having breakfast went outside in the village, however, when he did not return till late, she searched her husband. The mobile number of her husband was going switched off. It is further alleged that a few days ago, her husband was kidnapped by Rahul Singh (coaccused) and a sale deed was executed on 10.09.2021 and the suit regarding that is pending before Tehsildar, Sarojini Nagar, Lucknow, hence, a suspicion has been raised that her husband has been kidnapped by Rahul Singh with the aid of Ramesh, Surendra and Jasbeer.

¶8

Learned counsel for the applicant submits that the applicant is a marginal witness in the sale deed. He is nothing to do with the case. Case is of circumstantial evidence. There is a direct evidence against the applicant to show his complicity in the incident. Only on the basis of suspicion, the applicant has been made accused. The applicant is languishing in jail since 06.11.2022.

¶9

Learned AGA as well as learned counsel for the complainant has opposed the bail application submitting that the victim has not been recovered till date. It has been submitted by the

¶10

learned AGA that the applicant was seen with the victim last time by the eye witnesses. She also submits that as per the statement of the independent eye witness Rajiv Singh, the applicant was seen sitting with the co-accused persons in the Scorpio car.

¶11

On due consideration to the fact that charges have been framed, however, till date not a single prosecution witness has been examined; case is of circumstantial evidence; the applicant is languishing in jail since 06.11.2022, so also in view of the judgment of the Hon'ble Supreme Court passed in the case of "Javed Gulam Nabi Shaikh v. State of Maharashtra, 2024 SCC OnLine SC 1693", without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.

¶12

Accordingly, the bail application is allowed.

¶13

Let the applicant, Ramesh Singh, involved in Case Crime/FIR No. 117/2022, under Sections 364 IPC, Police Station - Ajgain, District - Unnao, 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 which are being imposed in the interest of justice:-

¶14

(i) The applicant will not tamper with the evidence during the trial.

¶15

(ii) The applicant will not pressurize/ intimidate the prosecution witness.

¶16

(iii) 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.

¶17

(iv) 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. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

¶18

(v) The applicant 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 may proceed against him under Section 229-A of the Indian Penal Code.

¶19

(vi) 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, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

¶20

Order Date :- 12.8.2024 R.C.

¶21

Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Yunus Vs State of U.P. Thru. Prin. Secy. Home Lko.

Manmohan Yogi Vs State of U.P. Thru Addl. Chieef Secy. Home Civil Sec. Lko

Pintu Alias Sher Singh vs State of U.P. Thru. Prin. Secy. Home Govt. Civil Sectt. Lko

Mohammad Shuaib Beg @ Shibu Vs State of U.P. Thru. Prin. Secy. Home Lko. and 4 Others

Mr. Chandra Prakash @ Rajan Ojha Vs State of U.P. Thru. Prin. Secy. Home Deptt. Govt. Civil Secrt. Lko.

Ashish Kumar Maurya Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another