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

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

What the court decided

AI extract

Outcome

Bail application allowed: applicant Uday Veer Singh to 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; in case of breach, the prosecution may move a bail cancellation application before this Court.

Issue for consideration

Whether the applicant Uday Veer Singh is entitled to be enlarged on bail in Case Crime No. 309 of 2024 under Sections 420, 467, 468, 471, 323, 427, 506 IPC, Police Station Quarsi, District Aligarh, during the pendency of the trial.

Court's answer

On perusal of the record, the Court prima facie finds that the case is purely civil in nature.

Ratio / Principle

Relying on parity with identically placed co-accused Bani Singh (granted anticipatory bail), the applicant's lack of criminal antecedents, confinement of almost two months, submission of the charge-sheet with no hope of early conclusion of trial, and absence of any State apprehension of tampering, delay or intimidation, the applicant is entitled to be enlarged on bail.

Key takeaways

No reasonable apprehension was brought to the fore by the State that the applicant, if enlarged on bail, would tamper with the evidence, delay the trial or intimidate the witness.ratio¶11

Detailed headnote1 paragraphs

Bail — Section 483 BNSS — applicant Uday Veer Singh, accused in Case Crime No. 309 of 2024 under Sections 420, 467, 468, 471, 323, 427, 506 IPC, P.S. Quarsi, District Aligarh — Court prima facie found the dispute purely civil in nature (sale-deed executed by co-accused Sabir Rahi; no suit for cancellation filed) — parity drawn with identically placed co-accused Bani Singh, already granted anticipatory bail by the same Court on 04.02.2025 — applicant in jail since 12.12.2024 with no criminal history — charge-sheet filed, trial unlikely to conclude early, and no State apprehension of tampering, delay or intimidation — without commenting on merits, bail granted on personal bond and two sureties, with conditions to appear on fixed dates, not tamper with prosecution evidence and not pressurize prosecution witnesses; breach entitles prosecution to seek cancellation before this Court. (Allahabad High Court, Vivek Varma, J., Order Date 10.2.2025; Neutral Citation 2025:AHC:19182)

Neutral Citation No. - 2025:AHC:19182

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4017 of 2025

Applicant :- Uday Veer Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Shukla,Ajay Prakash Paul Counsel for Opposite Party :- G.A.

Hon'ble Vivek Varma,J.

Heard learned counsel for the applicant and Sri P.K. Tripathi, learned A.G.A. for the State-opposite party.

The instant bail application under Section 483 B.N.S.S. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 309 of 2024, under Sections 420, 467, 468, 471, 323, 427, 506 I.P.C., Police Station Quarsi, District Aligarh during the pendency of the trial.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The name of the applicant and other co-tenure holders were duly recorded in the revenue records. The sale-deed was executed by one co-accused Sabir Rahi. No civil suit has been filed for cancellation of the saledeeds executed by Sabir Rahi. The case is purely civil in nature. Further, identically placed co-accused Bani Singh has been granted anticipatory bail by this Court vide order dated 04.02.2025 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 793 of 2025, Bani Singh v. State of U.P. and another. The applicant is in jail since 12.12.2024 having no criminal history and if he is released on bail, he will not misuse the said liberty.

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

Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that the case is purely civil in nature. Identically placed co-accused Bani Singh has been granted anticipatory bail by this Court. The applicant has no criminal antecedents. Moreover, the applicant has remained confined for almost two months and after submission of the charge-sheet there is no hope of early conclusion of trial, and 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, therefore, 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- Uday Veer Singh, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of 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; and,

(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 :- 10.2.2025 SKT/-

Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad