Chandan Singh and Another Vs State of U.P. Thru. Prin. Secy. Home Lko

Neutral Citation No. - 2025:AHC-LKO:13581

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11046 of 2024

Applicant :- Chandan Singh And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- G.A.,Ankush Pandey

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Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the applicants,learned counsel for the complainant, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicants with the prayer to release them on bail during the trial in Case Crime No. 294 of 2024, under sections 420, 467, 468, 471, 120-B of the I.P.C., Police Station-Pali, District-Hardoi.

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Contention of learned counsel for the applicants is that the applicants are innocent and have falsely been implicated in the instant matter due to ulterior motive. He added that the applicants are the marginal witnesses of the sale deed in question and they are not the beneficiary in any way as no sale consideration has ever been incredited in their accounts. He next added that the chargesheet has been filed and as such, there is no possibility that the applicants would tamper the evidences or would threaten the witnesses and the trial would take considerable period of time. He submits that the applicants are the law abiding citizens and they have no previous criminal history and they are languishing in jail since 20-09-2024. Further submitted that the applicants undertake that in case, they are granted bail, they will not misuse the liberty of the same and would cooperate in the trial proceedings.

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Per contra, learned counsel for the complainant as

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well as learned AGA appearing for the State have opposed the contentions aforesaid and submitted that the applicants being the marginal witnesses, have key role in the matter and as such, they are not entitled for any relief.

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Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicants are languishing in jail since 20-09-2024;there is no previous criminal history of the applicants as has been explained in paragraph 13 of the bail application;the chargesheet has been filed and as such, there is no possibility that the applicants would tamper the evidences or would threaten the witnesses and the trial would take considerable period of time coupled with the fact that the applicants have undertaken that if they are granted bail, they will not misuse the liberty of the same and would cooperate in the trial proceedings.

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Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail.

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Let the applicants- Chandan Singh & Anoop Kumar Singh, involved in the aforementioned crime be released on bail, on their furnishing personal bonds and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-

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(1) The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the

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investigation or trial;

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(2) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. They shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code;

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(3) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and

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(4) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against them, in accordance with law under Section 174-A of the Indian Penal Code.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case.

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Order Date :- 5.3.2025 AKS

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Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Chandan Singh and Another v. State of U.P. Thru. Prin. Secy. Home Lko

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Chandan Singh and Another v. State of U.P. Thru. Prin. Secy. Home Lko

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