SATVEER SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
BAIL/5359/2025 · 2025-08-27
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 146446 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 146446 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 5359 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant and learned A.G.A. As per learned counsel for the applicant, the present applicant is in jail since 10.11.2018 in Case Crime No.865 of 2017, under Sections 396 & 412 IPC, Police Station Kotwali Nagar, District Gonda. As per prosecution case, it is alleged that on 10.10.2017 at about 4.45 p.m. while the box containing Rs.50 lacs was being kept in the car by two officials of the bank, some unknown person has tried to take it and on being resisted, the guard was shot and the accused persons fled with the box.
Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. It has been further argued that the applicant is not named in the first information report. Only on the basis of confessional statement of the accused applicant in another case crime No.704 of 2018 under sections 3/25 Arms Act, the applicant has been booked in this case. The co-accused Deepak, Jasmat Singh, Mukesh, Omveer and Raju have already been granted bail by this Court vide its order dated 17.8.2021, 10.8.2021, 10.8.2021, 10.8.2021 and 27.10.2021 respectively passed in Bail Nos.12241 of 2019, 12433 of 2019, 10517 of 2019, 12327 of 2019 and 12083 of 2021. It has further been argued that the charge-sheet has also been submitted in the aforesaid case and there is no chance of the applicant Versus Counsel for Applicant(s) : Arshad Jameel, Ashish Kumar Jain Counsel for Opposite Party(s) : G.A. Satveer Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s)
tampering with the evidence or pressurizing the witness in the case. The applicant is in jail since 10.11.2018..
Learned counsel has submitted that criminal history of two cases of the applicant has been explained in para-26 of the bail application. He undertakes that the applicant shall not misuse the liberty of bail, if granted by this Court and shall abide by the terms and conditions of the bail order and shall cooperate with the trial proceedings. Learned A.G.A has, however, opposed the prayer for bail but he has not disputed the aforesaid submissions of learned counsel for the applicant. Without entering into the merits of the case and considering the fact that co- accused persons, namely, Deepak, Jasmat Singh, Mukesh, Omveer and Raju have been granted bail, therefore, on the basis of parity, let applicant - Satveer Singh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each of like amount to the satisfaction of the court concerned with the following conditions:- (i) 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. (ii) 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 under Section 229-A of the Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. 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 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial BAIL No. 5359 of 2025 2
court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. August 27, 2025 kkb/ BAIL No. 5359 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench