Allowed

Ganesh Pratap Singh v. State of U.P.

Allahabad HC11 Feb 2025BAIL/2578/2025

Case brief

AI extract

What is this about?

The High Court allowed a bail application under Section 483 B.N.S.S. Finding the F.I.R. lodged belatedly and noting lack of evidence regarding delivery of amounts, the court granted bail with conditions to preserve evidence and appear in trial.

What did the court decide?

Applicant released on bail on furnishing a personal bond and two sureties each of like amount, subject to conditions regarding evidence and attendance.

Ganesh Pratap Singh vs State of U.P. — Bail and Remand | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:19781

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Court No. - 67

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2578 of 2025

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Applicant :- Ganesh Pratap Singh Opposite Party :- State of U.P. Counsel for Applicant :- Neeta Dubey,Shri Prakash Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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

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Heard counsel for the applicant, Sri Anupam Anand, learned brief holder for the State and perused the record.

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The instant bail application, under Section 483 B.N.S.S., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 142 of 2024, under Sections 308(5), 351(3) of B.N.S., Police Station- Kachhwa, District- Mirzapur during pendency of the trial.

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Counsel for the applicant contends that the applicant has been falsely implicated in the present case. The incident is alleged to have occurred on 02.11.2024. The first information report was lodged on 12.11.2024. The delay in lodging the F.I.R. is fatal to the prosecution case. At this stage, there is no credible evidence to establish that any amount has been delivered by the informant to the applicant. The criminal history of the applicant has been explained in para no. 3 of the supplementary affidavit. The applicant is in jail since 12.11.2024, in case he is enlarged on bail, he will not misuse the said liberty.

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

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Having heard learned counsel for the parties and having perused the record this Court prima facie finds that the F.I.R. was lodged belatedly. At this stage, there is no credible evidence to establish that any amount has been delivered by the informant to the applicant. Further, the applicant has remained confined for almost three months and 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

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witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant, Ganesh Pratap Singh involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that:

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i. the applicant shall not temper with the prosecution evidence;

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ii. the applicant shall not pressurize the prosecution witness; and,

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

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

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Order Date :- 11.2.2025 Sachin Mishra

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

Ganesh Pratap Singh v. State of U.P.

Case brief

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Ganesh Pratap Singh v. State of U.P.

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