Allowed

Gurnam Singh v. State of U.P.

Allahabad HC17 Nov 2025BAIL/40409/2025

Case brief

AI extract

What is this about?

Bail application under Sections 409, 420, 467, 468, 471, 120-B IPC. Court noted parity with a co-accused already bailed and relied on Apex Court precedents on prolonged trial to release the applicant on bail with conditions, without expressing opinion on merits.

What did the court decide?

Applicant released on bail on furnishing personal bond and two sureties, subject to stated conditions.

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

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 40409 of 2025

Gurnam Singh

.....Applicant(s)

Versus

State of U.P.

.....Opposite Party(s)

¶7

Counsel for Applicant(s)	: Salman Ahmad
Counsel for Opposite Party(s)	: G.A.
Court No.- 70

¶8

HON'BLE SANTOSH RAI, J.

¶9

Heard learned counsel for the applicant, learned AGA for the Staterespondents and perused the record.

¶10

This bail application has been moved on behalf of accused-applicant Gurnam Singh seeking enlargement on bail in Case Crime No.01 of 2018, under Sections 409, 420, 467, 468, 471, 120-B IPC, Police Station EOW Sector Kanpur Nagar, District Jalaun.

¶11

Learned counsel for the applicant submits that the accused-applicant has not committed any offence as alleged in the FIR and has been falsely implicated in this case. Applicant is languishing in jail since 9.7.2025. It is submitted that ten accused persons alongwith some unknown agents including the applicant are named in the FIR. It is further submitted that coaccused Trilochan Singh and Guruvant Singh were the directors of the company, who have misappropriated an amount of Rs.5,63,400/- and neither applicant was director of the company nor he is the actual beneficiary of the so called fraud transaction. It is argued that co-accused Gurjant Singh Gill has already been enlarged on bail by this Court vide order dated 31.10.2025 passed in Criminal Misc. Bail Application No.35800 of 2025. It is further argued that applicant has no criminal antecedents to his credit. It is lastly submitted that since charge-sheet has already been submitted, therefore, there is no reasonable possibility of intimidating or pressurizing the prosecution witnesses. Submission is that the conclusion of trial will take sufficiently long and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has

¶12

BAIL No. 40409 of 2025

¶13

¶14

been prayed for.

¶15

Per contra, learned AGA has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pretrial stage, therefore, he does not deserve any indulgence. It is further submitted that, in case the applicant is released on bail, he may again indulge in similar activities and misuse the liberty of bail.

¶16

Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant, keeping in view the uncertainty regarding conclusion of trial; larger mandate of the Article 21 of the Constitution of India, considering paragraph no.53 of Apex Court in case of Manish Sisodia vs. Directorate of Enforcement 2024 (SC) LawSuit 677 , dictum of Apex Court in Union of India vs. K.A. Najeeb (2021) 3 SCC 713 & Satender Kumar Antil vs. Central Bureau of Investigation & Anr. (2022) 10 SCC 51 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that:-

¶17

(i) The applicant shall not tamper with the evidence or threaten the witnesses.

¶18

(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court.

¶19

(iii) The applicant shall remain present before the trial court on each date fixed, either personally or as directed by the court concerned.

¶20

(iv) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement of accused personally to explain circumstances appearing in the evidence against him.

¶21

(v) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, the trial court shall initiate proceedings against him strictly, in accordance with law.

¶22