Sani Singh @ Rajneesh Singh Vs State of U.P. Thru. Prin. Secy. Home Lko

Neutral Citation No. - 2025:AHC-LKO:39342

Court No. - 14

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6371 of 2025

Applicant :- Sani Singh @ Rajneesh Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Mukesh Kumar Tewari Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant and learned Additional Government Advocate for the State as well as perused the record.

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The present bail application has been filed by accused-applicant seeking bail in Case Crime No. 49/2025 under Sections 109(1), 191(2), 191(3), 61(2), 117(2), 312, 313 of BNS, Police Station Kauria, District Gonda.

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In the prosecution case it is alleged that some unknown persons on 28.03.2025 at about 07:45 pm while the complainant was going towards Punjab with the scrap in his truck on request of Rajaman he gave lift to an unknown person. After traveling to some distance that person said that his brother has come and he wanted to get down from the truck. The moment truck was slowed down, two persons came and made indiscriminate firing upon the truck due to which one bullet was shot in his right wrist.

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Learned counsel for the applicant submits that the applicant is not named in the FIR. Common role of causing single firearm injury on the forearm of the injured has been assigned to the applicant along with the co-accused Kaptan Singh, who has been enlarged on bail by this Court vide order dated 4.7.2025 passed in Criminal Misc. Bail Application No.6054 of 2025. The applicant has no criminal history except the three cases shown in paragraph 25 to the bail application. The applicant is in jail since 30.3.2025. The name of the applicant has surfaced in the confessional statement of the co-accused.

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There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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On due consideration to the submissions advanced, perusal of the record, the period of incarceration gone into by the applicant, the bail order of the co-accused Kaptan Singh so also the fact that common role of causing injury has been assigned to the applicant along with the co-accused Kaptan Singh; nature of injury sustained by the injured on non-vital part and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed.

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Let the applicant- Sani Singh @ Rajneesh Singh involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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(iv) 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. In case of default of this condition, it

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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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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law.

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(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 BNSS is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law under Section 209 of BNS.

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Order Date :- 10.7.2025 Madhu D.R/P.S

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Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench

Sani Singh @ Rajneesh Singh v. State of U.P. Thru. Prin. Secy. Home Lko

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Sani Singh @ Rajneesh Singh v. State of U.P. Thru. Prin. Secy. Home Lko

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