Bhagwan Singh Vs State of U.P.

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 14830 of 2024

Bhagwan Singh

.....Applicant(s)

Versus

State of U.P.

	.....	Opposite Party(s)
Counsel for Applicant(s)	: Ashutosh Dwivedi, Chandra Pandey, R.B.Pal, Umesh Kumar	Prakash Pal
Counsel for Opposite Party(s)	: G.A., Raghubir Singh
Court No.- 19

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HON'BLE HARVIR SINGH, J.

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Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the material available on record.

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The present bail application has been moved by the accused-applicant Bhagwan Singh for grant of bail in Case Crime No. 160 of 2023, under Sections 420, 467, 468, 471, 120B IPC, Police Station Mahawan, District Mathura, during the pendency of trial.

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Learned counsel for the accused-applicant, while pressing the bail application, submits that the applicant has been falsely implicated in the present case and he has not committed any offence as claimed by the prosecution.

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It is further submitted that the allegation is that the accused- applicant has sold a property, which was neither in his name nor he was having any title or ownership over the said property and he also sought some loan on the said property. The said statement is false. It is also submitted that as per prosecution, property belongs to informant, which is not true, as the name of the applicant has been recorded in the revenue records since long. He further submits that though, the said issue is a subject matter of civil litigation, where either of the parties can challenge the said sale deed, if executed by any fraudulent means and therefore, prays that the applicant is entitled to be enlarged on bail.

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It is next submitted that applicant is in jail in this case since 27.12.2023, criminal history of two cases has been explained and there is no apprehension that after being released on bail the applicant may flee from the course of law or may otherwise misuse the liberty.

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Learned A.G.A., on the other hand, opposes the prayer of bail of the applicant on the ground that the accused-applicant has sold a property by fraudulent means and has also sought loan on the said property, therefore, committing the forgery, the accused-applicant is not entitled to be

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BAIL No. 14830 of 2024

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2

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released on bail. However, learned AGA could not controvert the other factual submissions made by learned counsel for the applicant.

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Having heard learned counsel for the parties and having perused the record, it is evident that the allegation against the accused-applicant is that, he has sold a property, which belongs to informant, by fraudulent means. The issue in question is purely in civil nature and the parties are at liberty to challenge the said sale deed, if they are of the opinion that it was executed by any false and fraudulent means. Applicant is in jail in this case since 27.12.2023 and criminal history of two cases has sufficiently been explained. The presence of the applicant could be secured before the trial court by placing adequate conditions.

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Having regard to the overall facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is thus allowed .

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Let the accused/applicant- Bhagwan Singh involved in abovementioned case, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation and trial.

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(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted.

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Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression of this Court on the merits of the case.

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February 23, 2026 Gurpreet Singh

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(Harvir Singh,J.)

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Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad

Bhagwan Singh v. State of U.P.

Case brief

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Bhagwan Singh v. State of U.P.

Case brief

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What the court decided

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