Rekha Singh Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko.

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Neutral Citation No. - 2025:AHC-LKO:46916

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Court No. - 27

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3288 of 2025

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Applicant :- Rekha Singh

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Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Srijan Raj Singh,Himanshu Deepak,Ramesh Singh

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Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard Shri Srijan Raj Singh, learned counsel for the applicant, Shri Piyush Kumar Singh, learned A.G.A. and Shri Anil Kumar Tiwari, learned counsel appearing for the complainant.

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This second bail application has been filed by the applicant in F.I.R. No. 319 of 2022, under Sections 419, 420, 467, 468, 471, 120-B I.P.C., Police Station Kotwali Akbarpur, District Ambedkar Nagar with the prayer to enlarge her on bail.

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The 1st Bail application was rejected by this Court vide order dated 22.04.2024.

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Learned counsel for the applicant submits that the applicant, who is a lady, has falsely been implicated in the present case. It is further submitted that the applicant is in jail since 05.01.2024, but till today, only one witness, out of total 42 witnesses, has been examined and there is no possibility of conclusion of trial in near future. It is also submitted that the co-accused Santosh Misra, Lal Bahadur Singh, Jai Ram Yadav and Amresh Yadav have already been enlarged on bail by this Court vide order dated 18.04.2024, 22.04.2024 and 10.07.2024 passed in Criminal Misc. Bail Application Nos. 1223 of 2024, 3573 of 2024, 3298 of 2024 and 7160 of 2024, respectively. It is also submitted that one of the main accused, namely, Neetu Singh has also been granted bail by the Hon'ble Supreme Court in Criminal Appeal No. 606 of 2025. In these circumstances,

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the applicant is also entitled for bail. In case of being enlarged on bail, she will not misuse the liberty of bail.

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Photocopy of the bail orders of co-accused Santosh Misra, Lal Bahadur Singh, Jai Ram Yadav and Amresh Yadav provided by the learned counsel for the applicant are taken on record. A copy of the bail order of Neetu Singh dated 30.01.2025 passed by Hon'ble Supreme Court is annexed as Annexure 9 to the bail application.

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Learned A.G.A. as well as learned counsel for the complainant, while opposing the prayer for grant of bail to the applicant, submit that sufficient evidence was found against the applicant during the course of investigation. However, they do not dispute the fact that only one witness has been examined till today and the applicant is in jail since 05.01.2024. They also fairly concede that similarly situated co-accused Santosh Misra, Lal Bahadur Singh, Jai Ram Yadav, Amresh Yadav and Neetu Singh have already been granted bail.

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Considering the rival submissions of learned counsel for the applicant, learned A.G.A., learned counsel for the complainant, ground of parity with the co-accused and going through the material available on record as well as totality of fact and circumstances, I am of the view that it is a fit case for bail. Application stands allowed on the ground of parity.

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Let applicant -Rekha Singh be released on bail in F.I.R. No. 319 of 2022, on her furnishing personal bond of Rs.25,000/- and two reliable sureties each of the like amount, subject to the following conditions:-

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(i) The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.

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(ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from

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disclosing such facts to the Court or to any police officer or tamper with the evidence.

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(iii) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iv) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229A IPC.

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(v) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 82 Cr.P.C. may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under Section 174-A IPC.

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(vi) The applicant shall remain present, in person, before the trial court on dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court, absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law.

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Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

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However, trial court is directed to conclude the trial expeditiously, without giving any unnecessary adjournments to either of the parties.

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A copy of this order be also communicated to the District & Sessions Judge, Ambedkar Nagar as well as to the concerned trial court for necessary compliance, forthwith.

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Order Date :- 11.8.2025 VKS

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Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Rekha Singh v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko.

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Rekha Singh v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko.

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