Allowed

Babban Singh v. State of U.P Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko.

Allahabad HC5 Apr 2024BAIL/3791/2024

Case brief

AI extract

What is this about?

Bail application under Sections 489B, 489C and 120B IPC for alleged possession and smuggling of counterfeit Rs.200 currency notes in Bahraich. Recovery lacked independent witnesses; co-accused already granted bail. Court granted regular bail with conditions against tampering or pressurising witnesses and requiring attendance at trial.

What did the court decide?

Applicant Babban Singh to be released on bail in Case Crime No.294 of 2023 (489B, 489C & 120B IPC) on personal bond and two sureties, subject to stated conditions.

Babban Singh vs State of U.P Thru. Prin. Secy. Deptt… — Cheating and Forgery | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:27884

¶2

Court No. - 19

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3791 of 2024

¶4

Applicant :- Babban Singh Opposite Party :- State Of U.P Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko.

¶5

Counsel for Applicant :- Pt. Devesh Kumar Mishra Counsel for Opposite Party :- G.A.

¶6

Hon'ble Subhash Vidyarthi,J.

¶7

Heard Sri Pt. Devesh Kumar Mishra, learned counsel for the applicant, Sri Puneet Kumar Yadav, the learned State Counsel and perused the records.

¶8

The instant application has been filed seeking release of the applicant on bail in Case Crime No.294 of 2023, under Sections 489B, 489C & 120B I.P.C., registered at Police Station Kotwali Dehat, District Bahraich.

¶9

The aforesaid case has been registered on the basis of an F.I.R. lodged on 23.06.2023 alleging that on the basis of information received from a mukhbir, police apprehended Rizwan @ Raja and it is alleged that he confessed that he was involved in smuggling of fake currency of denomination of Rs.200 notes. Total 173 notes of Rs.200 denomination have been recovered from the possession of the applicant. Recovery memo mentions that recovery was not witnessed by any independent witness. In his custodial statement Rizwan @ Raja stated that the currency was given to him by the applicant.

¶10

In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in 2

¶11

more cases has been disclosed in para 10 of the affidavit, in one of which the Investigating Officer has submitted a final report nad in the other case he has been granted bail.

¶12

Co-accused Rizwan @ Raja has already been granted bail by means of an order dated 23.08.2023 passed by this Court in Criminal Misc. Bail Application No. 10531 of 2023.

¶13

The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶14

Having considered the aforesaid facts and circumstances of the case; that the applicant is languishing in jail since 01.02.2024 whereas the co-accused has been granted bail and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

¶15

Accordingly, this bail application stands allowed.

¶16

Let the applicant- Babban Singh be released on bail in Case Crime No.294 of 2023, under Sections 489B, 489C & 120B I.P.C., registered at Police Station Kotwali Dehat, District Bahraich on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

¶17

(i) the applicant shall not tamper with the prosecution evidence;

¶18

(ii) the applicant shall not pressurize the prosecution witnesses;

¶19

(iii) the applicant shall appear on each and every date fixed by the trial court.

¶20

Order Date :- 5.4.2024 Pradeep/-

¶21

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

Babban Singh v. State of U.P Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko.

Case brief

What is this about?

What did the court decide?

Babban Singh v. State of U.P Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Smt. Bindu Singh Vs State of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. and Another

M/S Indra Pal Singh Contractor Thru. Its Prop. Indra Pal Singh Vs State of U.P. Thru. Chief Commissioner,State Goods and Service Tax,Lko. and 2 Others

Ajay Kumar Yadav and 11 Others Vs State of U.P. Thru. Its Prin.Secy. Home and 6 Others

Ram Kumar Singh Vs State of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko.

Dr. Sheo Kumar Singh Vs State of U.P. Thru. Addl. Chief Secy. / Prin. Secy. Animal Husbandry Lko. and Others

Uma Shanker Mishra Vs State of U.P. Thru. Its Prin. Secy. Home Lko. and Others