SURAJ SINGH AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.
BAIL/5371/2025 · 2025-06-13
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 146501 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 146501 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:35517 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5371 of 2025 Applicant :- Suraj Singh And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Manish Singh Chauhan Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State and also perused the material placed on record.
2. The present bail application has been filed on behalf of the applicant in Case Crime/FIR No.123/2023, under Sections 341, 147, 148, 149, 307, 302, 506, 120B I.P.C., Police Station- Majhila, District- Hardoi, with the prayer to enlarge him on bail.
3. Learned counsel for the applicants submitted that applicants are innocent persons and have been falsely implicated in the case, they are having no previous criminal history and in jail since 25.03.2023. He further submitted that co-accused, namely, Virendra Singh @ Bade Singh has already been granted bail by Co-ordinate Bench this Court, vide order dated 21.02.2025 passed in Criminal Misc. Bail Application No.1641 of 2025. In these circumstances, the applicants are also entitled for bail. In case of being enlarged on bail, they will not misuse the liberty of bail.
4. Learned A.G.A. has opposed the prayer for grant of bail to the applicants and submitted that active involvement of applicants have been found in the alleged offence but has fairly conceded that similarly situated co-accused Virendra Singh @ Bade Singh has already been granted bail.
5. Considering the submissions made by learned counsel for the applicants and learned A.G.A. and going through the record as well as order of co-accused, this Court is of the view that it is a fit case for bail. The bail application is allowed on the ground of parity.
6. Let the applicants- Suraj Singh and Neeraj Singh, who are involved in aforementioned case crime 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 subject to following conditions. (i) The applicants shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) The applicants 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. (iii) The applicants shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) The applicants 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 IPC. (v) In case, the applicants misuse the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against them, in accordance with law, under Section 174-A IPC. (vi) The applicants shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial 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.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 13.6.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench