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2025 DAILYLAW 127863 (ALL)

SUNIL SINGH YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO.

BAIL/2180/2025 · 2025-07-28

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43416 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2180 of 2025 Applicant :- Sunil Singh Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Ripu Daman Shahi,Pankaj Verma Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that the accused-applicant who is posted as Assistant Legal Probation Officer in the Juvenile Justice Board, has written the order-sheet dated 20.2.2024 and 15.3.2024 and has also signed the order-sheet instead of sending the files to the court. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. No opinion of hand writing expert has been taken for lodging the FIR. It is further submitted that the alleged offences are triable by a Magistrate. The applicant has explained the criminal history of one case in the supplementary affidavit. He is languishing in jail since 3.1.2025. Charge-sheet in the case has been filed. 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. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the submissions advanced, perusal of the record so also the fact that the alleged offences are triable by a Magistrate; the applicant has explained the criminal history; he is languishing in jail since 3.1.2025; charge-sheet in the case has been filed 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. Accordingly, the bail application is allowed. Let the applicant- Sunil Singh Yadav involved in Case Crime No. 346 of 2024, under Sections 419, 420, 467, 468, 471 IPC, Police Station- Kotwali Akbarpur, District- Ambedkarnagar, 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:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (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. (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 shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (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. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. 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 B.N.S. Order Date :- 28.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench