RAJESH PRATAP SINGH v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO
BAIL/5395/2025 · 2025-06-17
Rajeev Singh
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 146757 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 146757 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:35765 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5395 of 2025 Applicant :- Rajesh Pratap Singh Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko Counsel for Applicant :- Dhirendra Pratap Singh,Ayush Pratap Singh,Devendra Pratap Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
1. Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record. 2. The instant bail application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No.317 of 2012, under Sections 406, 419, 420, 467, 468, 470, 471 I.P.C., Police Station- Dostpur, District- Sultanpur. 3. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the present case and he is in jail since 03.06.2025. He further submits that charge sheet is filed by the Investigating Officer for the offence under Sections 406, 419, 420 I.P.C. including other sections. He further submits that trial for the offence of criminal breach of trust as well as of cheating cannot run together. The applicant is in jail since 03.06.2025 and co-accused Raja Ram Arya has already been granted bail by this Court vide order dated 03.12.2012 passed in Bail No.4833 of 2012. He further submits that except the present case the applicant has no criminal antecedents. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. 4. Learned A.G.A. vehemently opposes the prayer for grant of bail to the applicant, but he does not dispute the fact that co-accused Raja Ram Arya has been granted bail by this Court vide order dated 03.12.2012. 5. Considering the rival submissions of learned counsel for the applicant, learned A.G.A. and going through the contents of FIR as well as other relevant documents, and co-accused Raja Ram Arya
has already been granted bail by this Court vide order dated 03.12.2012 passed in Bail No.4833 of 2012, I am of the view that the applicant is entitled to be released on bail. 6. The bail application is allowed. 7.
Let the applicant- Rajesh Pratap Singh, who is involved in aforementioned case crime number 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 applicant 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 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. (iii) The applicant 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 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 I.P.C./269 B.N.S. (v) 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./84 B.N.S.S. 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 him, in accordance with law, under Section 174-A I.P.C./209 B.N.S. (vi) The applicant 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./351 B.N.S.S. 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.
8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 17.6.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench