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

Neutral Citation No. - 2024:AHC-LKO:45925

Court No. - 31

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6466 of 2024 Applicant :- Shaktipal Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko Counsel for Applicant :- Vinay Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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The case is taken up through video conferencing from Allahabad.

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Heard learned counsel for the applicant as well as learned Additional Government Advocate representing the State.

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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. 346 of 2019, under Sections 120B and 406 of I.P.C., Police Station-Hazratganj, District-Lucknow, during the pendency of trial.

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It is submitted by learned counsel for the applicant that initially the F.I.R. was lodged under Sections 420, 467, 468 and 471 I.P.C., in which applicant has been granted bail by this Court vide order dated 03.06.2024 in Criminal Misc. Bail Application No. 14420 of 2023. On 22.11.2023, during investigation Investigating OfÏcer has also added Sections 120B and 406 I.P.C. Thereafter applicant has applied for bail in added Sections before the concerned court below, which has been rejected vide order dated 21.12.2023. Thereafter the instant bail application under Section 439 Cr.P.c. has been moved by the applicant in added sections. It is also submitted that the applicant is languishing in jail since 18.11.2023 and apart from this case the applicant has criminal history of one case, which has been explained in Paragraph No.15 of the afÏdavit, and in that case the applicant is on bail. 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 and in case he is released on bail, he will not misuse

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the liberty of bail and will cooperate in the early disposal of the case.

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

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Having heard learned counsel for the parties and examined the matter in its entirety, I find that no new material has been brought on record by the Investigating OfÏcer while adding Sections 120B and 406 I.P.C. Since the applicant has been granted bail for the alleged offence under Sections 420, 467, 468, 471 I.P.C., therefore, this Court is of the view that the applicant has made out a case for bail in added sections also. Hence, the bail application is hereby allowed .

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Let the applicant- Shaktipal Singh , involved in Case Crime No. 346 of 2019, under added Sections 120B and 406 of I.P.C. be released on bail on his furnishing personal bonds and two sureties each of the like amount to the satisfaction of Court concerned subject 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 the facts of the case so as to dissuade him from disclosing such facts to the court or to any police ofÏcer 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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Order Date :- 5.7.2024/Kashifa

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

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

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

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