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Prveen Alias Anil Alias Langda vs State of U.P. — Cheating and Forgery | Allahabad HC (2025)

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Allahabad HC
2025
Prveen Alias Anil Alias Langda vs State of U.P.Prveen Alias Anil Alias Langda v. State of U.P.

Allowed¶¶13

Prveen Alias Anil Alias Langda v. State of U.P.

Allahabad HC17 Jan 2025BAIL/1389/2025

Case brief

AI extract

What is this about?

Allahabad High Court bail order (Neutral Citation 2025:AHC:33776; Criminal Misc. Bail Application No. 1389 of 2025; Court No. 67; Hon'ble Vivek Varma, J.; Order Date 7.3.2025) granting bail under Section 483 of BNSS to Praveen Alias Anil Alias Langda in Case Crime No. 307 of 2024 under Sections 318(4), 317(2), 336(3) BNS, Police Station Kandhala, District Shamli. Search terms: bail granted; accused not named in FIR; arrest on informer information on 21.10.2024 with two co-accused; alleged/false recovery Rs.10,000/-; no independent witness to recovery; no CCTV footage on case diary (counsel submission); no test identification parade by police; criminal history explained in bail application and supplementary affidavit; in jail since 21.10.2024; custody more than four months; charge-sheet submitted; no hope of early conclusion of trial; no apprehension of tampering with evidence, delaying trial or intimidating witness; personal bond and two heavy sureties; conditions not to tamper or pressurise prosecution witnesses; bail cancellation on breach; AGA/G.A. for State; counsel Mohammad Faisal Khan for applicant.

What did the court decide?

Applicant Praveen Alias Anil Alias Langda directed to be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned, subject to conditions: (i) appearance on dates fixed by the trial court; (ii) not tampering with prosecution evidence; (iii) not pressurising prosecution witnesses. On breach, the prosecution may move a bail cancellation application before this Court. ¶¶13

Why is it important?

Prima facie, the applicant was not named in the FIR; there was no independent witness to the alleged recovery; and no test identification parade was got conducted by the police authorities. ¶¶12

What the court decided

AI extract

Outcome

Applicant Praveen Alias Anil Alias Langda directed to be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned, subject to conditions: (i) appearance on dates fixed by the trial court; (ii) not tampering with prosecution evidence; (iii) not pressurising prosecution witnesses. On breach, the prosecution may move a bail cancellation application before this Court.

Issue for consideration

Whether the applicant Praveen Alias Anil Alias Langda, arraigned in Case Crime No. 307 of 2024 under Sections 318(4), 317(2), 336(3) BNS, Police Station Kandhala, District Shamli, is entitled to be enlarged on bail during the pendency of trial.

Court's answer

Prima facie, the applicant was not named in the FIR; there was no independent witness to the alleged recovery; and no test identification parade was got conducted by the police authorities.

Ratio / Principle

At this stage, there is no substantive evidence to link the applicant with the offence.

Key takeaways

With the charge-sheet submitted and no hope of early conclusion of trial, the State had brought forth no reasonable apprehension that the applicant, if enlarged on bail, would tamper with the evidence, delay the trial or intimidate witnesses.ratio¶¶12
Without commenting on the merits of the case, the Court concluded that the applicant is entitled to be enlarged on bail.ratio¶¶12

Detailed headnote1 paragraphs

Bail Application Allowed (Allahabad High Court, Vivek Varma, J., order dated 7.3.2025; Neutral Citation 2025:AHC:33776) — Applicant in Case Crime No. 307 of 2024 under Sections 318(4), 317(2), 336(3) BNS, P.S. Kandhala, District Shamli, sought enlargement under Section 483 of BNSS (Criminal Misc. Bail Application No. 1389 of 2025). Prima facie findings: applicant not named in the FIR; no independent witness to the alleged recovery (contended by counsel to be a false recovery of Rs.10,000/-); no test identification parade conducted; no substantive evidence at this stage linking the applicant to the offence; custody exceeding four months after submission of the charge-sheet with no hope of early conclusion of trial; State raised no reasonable apprehension of tampering with evidence, delaying trial or intimidating witnesses. Without commenting on the merits, applicant ordered released on a personal bond with two heavy sureties each in the like amount, subject to conditions of appearing on fixed dates, not tampering with prosecution evidence and not pressurising prosecution witnesses; breach entitles prosecution to seek cancellation before this Court.

A

Neutral Citation No. - 2025:AHC:33776

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1389 of 2025

Applicant :- Praveen Alias Anil Alias Langda Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Faisal Khan Counsel for Opposite Party :- G.A.

Hon'ble Vivek Varma,J.

Supplementary affidavit filed by counsel for the applicant is taken on record.

Heard learned counsel for the applicant, learned AGA for the State-respondent and perused the record.

The instant bail application under Section 483 of BNSS has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 307 of 2024, under Sections 318(4), 317(2), 336(3) BNS, Police Station Kandhala, District Shamli, during the pendency of trial.

Counsel for the applicant submits that the applicant was not named in the first information report. On the basis of information furnished by the informer, the applicant was arrested on 21.10.2024 along with two other co-accused. False recovery of Rs.10,000/- has been shown from the applicant. There is no independent witness to the alleged recovery. There is no CCTV footage available on the case diary. No test identification parade was got conducted by the police authorities. At this stage, there is no credible evidence to link the applicant with the offence. The criminal history of the applicant has been explained in paragraph no.16 of the bail application and in paragraph no.2 of the supplementary affidavit. The applicant is in jail since 21.10.2024 and in case he is enlarged on bail, he will not misuse the said liberty.

Learned AGA 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 applicant was not

named in the FIR. There is no independent witness to the alleged recovery. No test identification parade was got conducted by the police authorities. At this stage, there is no substantive evidence to link the applicant with the offence. Further, the applicant has remained confined for more than 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 applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

Let the applicant Praveen Alias Anil Alias Langda , involved in the aforesaid case be released on bail on his furnishing a personal bond and two heavy 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; and

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 :- 7.3.2025 Manish Kr

Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the applicant Praveen Alias Anil Alias Langda, arraigned in Case Crime No. 307 of 2024 under Sections 318(4), 317(2), 336(3) BNS, Police Station Kandhala, District Shamli, is entitled to be enlarged on bail during the pendency of trial.¶¶8
The court held
Prima facie, the applicant was not named in the FIR; there was no independent witness to the alleged recovery; and no test identification parade was got conducted by the police authorities.ratio¶¶12

Statutes considered

4 provisions across 2 enactments

AI extract

BNSS483¶¶8
BNS318(4)¶¶8 317(2)¶¶8 336(3)¶¶8

Procedural history

How this case reached the court

AI extract

Prior proceeding
Applicant arrested on 21.10.2024 along with two co-accused on the basis of informer information; counsel contends the recovery of Rs. 10,000 shown from the applicant is false.¶¶9
Prior proceeding
Criminal history of the applicant stated to have been explained in paragraph 16 of the bail application and paragraph 2 of the supplementary affidavit.¶¶9
Prior proceeding
Charge-sheet submitted; Court notes no prospect of early conclusion of trial.¶¶12

Parties & counsel

AI extract

applicant
Praveen Alias Anil Alias Langda¶¶4
Mohammad Faisal Khan
respondent
State of U.P.¶¶4
G.A.

Coram

AI extract

Vivek Varmaauthor¶¶5

Case details

As recorded by the court registry

Court: Allahabad HC
Decided on: 17 Jan 2025 · January
Registered: 10 Jan 2025
Case no.: BAIL/1389/2025
CNR: UPHC010093792025
Topic: Cheating and Forgery
Bench: Vivek Varma
Case type: CRIMINAL MISC. BAIL APPLICATION

All orders in this case

3 orders share this CNR

17 Jan 2025Order 1 — this page · Vivek Varma
6 Mar 2025Order 2
7 Mar 2025Order 3 · Vivek Varma

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Cite this judgement

Prveen Alias Anil Alias Langda v. State of U.P., BAIL/1389/2025 (ALL), decided on 17 January 2025.

The Allahabad High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes4

BNSS483
BNS318(4) · 317(2) · 336(3)

View all statutes

Procedural history3

Applicant arrested on 21.10.2024 along with two co-accused on the basis of informer information; counsel contends the recovery of Rs. 10,000 shown from the applicant is false.
Criminal history of the applicant stated to have been explained in paragraph 16 of the bail application and paragraph 2 of the supplementary affidavit.

View full history

Bench / Coram

Vivek Varma

Parties & counsel