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Neutral Citation No. - 2025:AHC:71865 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36103 of 2024 Applicant :- Rajendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Sanjeev Mishra Gana Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Learned counsel for the applicant has filed rejoinder affidavit today, taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State, as well as perused the material brought on record. 3. Learned counsel for the applicant submits that the instant FIR has been lodged through 156(3) Cr.P.C. According to the prosecution, incident took place in the year 2019 while the first information report has been lodged on 24.05.2023. It is next argued by learned counsel for the applicant that the alleged sale deed executed in favour of Smt. Urmila Devi, wife of the applicant is a genuine document and no fraud has been played in execution of sale deed dated
05.08.2019. In pursuance of the sale deed dated 05.08.2019 the name of the Urmila Devi has been mutated in revenue record in respect of property in dispute. It is also relevant to mention here that no objection whatsoever has been raised by the complainant at the time of mutation. The applicant is marginal witness and co-accused Haneef is released on bail by this Hon'ble Court on the same footing. Lastly, it was submitted that the applicant is in judicial custody since 20.03.2023 in case, applicant is enlarged on bail, he will not misuse the liberty of bail. 4. Learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail. 5. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a
fit case for bail. Accordingly, the bail application stands allowed. 6. Let the applicant- Rajendra Singh, be enlarged on bail in Case Crime No. 155 of 2023, under Sections 420, 467, 468, 471, 504, 506, 352, 120-B IPC, Police Station- Paraur, District- Shahjahanpur on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. vi) The trial court is directed to expedite the trial without granting any adjournment to either of the side. 7. In case of default of any of the conditions enumerated above, the informant would be free to move an application for cancellation of bail before this Court. Order Date :- 5.5.2025 RPD Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad