Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:120645 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41881 of 2024 Applicant :- Anoop Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.
2. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. The F.I.R. which was lodged against one Rajeev Singh alleges that the informant had paid money for purchasing a plot in Shine City Company but the named accused has eloped with the money of the informant. Learned counsel for the applicant further submits that name of applicant came into light in the statement of one co- accused, Ashish Kumar Verma, who in his confessional statement states that he along with the applicant were appointed by the Directors of the Company for executing agreements and he was not aware that the Managing Director of the Company will run away after taking away the money of several plot purchasers.
Learned counsel further submits that the named accused Rajeev Kumar Singh; one co-accused, Ashish Kumar Verma, in whose confessional statement the name of applicant came into light; and one other co-accused, Amitabh Kumar Srivastava @ Amitabh Srivastava, who was the Director of the said company and had resigned prior to the lodging of the F.I.R.; have already been enlarged on bail. Thus, it is argued that as the case of applicant is not on the worse footing than that of the aforesaid three co- accused, therefore, applicant may also be enlarged on bail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem
fit to impose upon him. Learned counsel further submits that there are 19 cases into the credit of applicant out of which in 17 cases the applicant has already been enlarged on bail. The applicant is languishing in jail since 08.09.2021. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 4. 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. 5. Let the applicant-Anoop Singh, be enlarged on bail in Case Crime No. 1518 of 2019, under Sections 409, 420, 467, 468, 471, 120-B I.P.C., Police Station- Cantt., District- Varanasi, 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 any 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.
6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 22.7.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad