Rajesh Singh vs State of U.P.

Neutral Citation No. - 2025:AHC:36497

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3460 of 2025

Applicant :- Rajesh Singh Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Rana,Shardeshwar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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

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Heard learned Counsel for the applicant, learned A.G.A. for the State and perused the record.

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The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 30 of 2021, under Sections 419, 420, 467, 468, 471, 120-B I.P.C., Police Station- Khajni, District- Gorakhpur during pendency of the trial.

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Counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the instant case. The alleged sale deed was executed by an imposter. The name of the applicant was disclosed by Ranjan Kumar in police custody. The said statement insofar as it implicates the applicant, is unreliable. No amount has been credited in the account of the applicant. The applicant is not the beneficiary of the illicit transaction. The case of the applicant is clearly distinguishable from that of co-accused Avinash Kumar and Ravi Kumar. Further, identically placed co-accused Pankaj Kumar has been granted bail by this Court vide order dated 16.11.2022 passed in Criminal Misc. Bail Application No. 39093 of 2022. The criminal history of the application has been explained in para 35 of the bail application and in para 4 of the supplementary affidavit. The applicant is in jail since 15.12.2024. In case he is enlarged on bail, he will not misuse the said liberty.

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

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Having heard counsel for the parties and having perused the record, this Court prima facie finds that the applicant was not named in the first information report. The name of the applicant

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was disclosed by Ranjan Kumar in police custody. The applicant is not the beneficiary of the illicit transaction. Identically placed coaccused Pankaj Kumar has been granted bail by this Court. Further the applicant has presently remained confined for more than two 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 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.

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Let the applicant, Rajesh 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 tamper with the prosecution evidence;

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ii. the applicant shall not pressurize the prosecution witness;

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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 :- 12.3.2025 S.S.

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Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad

Rajesh Singh v. State of U.P.

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Rajesh Singh v. State of U.P.

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