Shyam Singh vs State of U.P. — Cheating and Forgery | Allahabad HC (2025)

Shyam Singh vs State of U.P. — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Bail application allowed; applicant Shyam Singh to be released on bail in Case Crime No. 306 of 2024 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions of appearing on dates fixed by the trial court, not tampering with prosecution evidence, and not pressurizing prosecution witnesses; breach entitles the prosecution to move for cancellation of bail before this Court.

Issue for consideration

Whether the applicant Shyam Singh, arraigned in Case Crime No. 306 of 2024 under Sections 420, 467, 468, 471 I.P.C., Police Station Rajpura, District Sambhal, is entitled to be enlarged on bail under Section 439 Cr.P.C. during the pendency of the trial.

Court's answer

Prima facie, the vehicle was released by the order of the Judicial Magistrate, Gunnor, Sambhal dated 30.07.2019, passed after verification of the relevant documents by the Police authorities, and at this stage there is no substantive evidence against the applicant.

Ratio / Principle

The applicant has no criminal antecedents, has remained confined for almost four months, the charge-sheet has been submitted with no hope of early conclusion of trial, and no reasonable apprehension of tampering with evidence, delaying the trial or intimidating witnesses was brought to the fore by the State; hence, without commenting on merits, the applicant is entitled to be enlarged on bail.

Key takeaways

The applicant shall be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions that he (i) shall appear on the date fixed by the trial court, (ii) shall not tamper with the prosecution evidence, and (iii) shall not pressurize the prosecution witnesses.ratio¶¶13
In case of breach of any of the bail conditions, the prosecution shall be at liberty to move a bail cancellation application before this Court.ratio¶¶17

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Vivek Varma, J.), by order dated 14.02.2025, allowed a bail application under Section 439 Cr.P.C. filed by Shyam Singh, accused in Case Crime No. 306 of 2024, under Sections 420, 467, 468, 471 I.P.C., Police Station Rajpura, District Sambhal. The Court prima facie found that the vehicle involved had already been released by the Judicial Magistrate, Gunnor, Sambhal by order dated 30.07.2019, after verification of relevant documents by the Police authorities, and that at that stage there was no substantive evidence against the applicant. Noting the absence of criminal antecedents, custody since 09.10.2024 (almost four months), submission of the charge-sheet, and the absence of any reasonable apprehension of tampering, delay or intimidation, and without commenting on merits, the Court enlarged the applicant on bail on a personal bond with two sureties each in the like amount, subject to conditions of appearance before the trial court, non-tampering with prosecution evidence and non-pressure on prosecution witnesses, with liberty to the prosecution to seek cancellation before the High Court upon breach.

Neutral Citation No. - 2025:AHC:21437

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1207 of 2025

Applicant :- Shyam Singh Opposite Party :- State of U.P. Counsel for Applicant :- Indra Deo Mishra,Jai Shanker Misra,Vijai Shanker Shukla

Counsel for Opposite Party :- G.A.

Hon'ble Vivek Varma,J.

Heard counsel for the applicant and Sri Anupam Anand, learned brief holder for the State-opposite party.

The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 306 of 2024, under Sections 420, 467, 468, 471 I.P.C., Police Station Rajpura, District Sambhal, during the pendency of the trial.

Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The vehicle driven by the applicant met an accident. The said vehicle was released by the order of Judicial Magistrate, Gunnor, Sambhal dated 30.07.2019. The applicant has not forged any document. The order dated 30.07.2019 was passed after verification of the relevant documents by the Police authorities. The applicant is in jail since 09.10.2024, having no criminal history and in case, he is enlarged on bail, he will not misuse the said liberty.

Learned brief holder has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

Having heard counsel for the parties and having perused the record this Court prima facie finds that the vehicle was released by the order of Judicial Magistrate, Gunnor, Sambhal dated 30.07.2019. The order was passed after verification of the relevant documents by the Police authorities. At this stage, there is no substantive evidence against the applicant. Further, the applicant has no criminal antecedents and has remained confined for almost four months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicants, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without

commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

Let the applicant Shyam Singh, involved in the aforesaid case crime 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 subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

Order Date :- 14.2.2025 Sachin Mishra

Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad