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2025 DAILYLAW 147156 (ALL)

ANAND KUMAR SINGH ALIAS ANAND SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO.

BAIL/6891/2025 · 2025-08-26

Rajeev Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6891 of 2025 Court No. - 27 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present second bail application has been filed on behalf of the applicant, Anand Kumar Singh Alias Anand Singh involved in Case Crime No.271 of 2021, under Sections 420, 406, 467, 468, 471, 506 I.P.C., Police Station Hazratganj, District Lucknow, with the prayer to enlarge him on bail. 3. Learned counsel for the applicant submitted that the present innocent applicant has been falsely implicated in the present case. He is in jail since 04.09.2021. The first bail application was rejected on 28.01.2023, but till today, only two witnesses have been examined out of seventeen. His further submission is that the co-accused, Arvind Kumar, has already been enlarged on bail by this Court vide order dated 07.01.2025, passed in Criminal Misc. Bail Application No. 6844 of 2024. 4. His further submission is that in the near future, there is no possibility of conclusion of the trial of the case in question. In these circumstances, the applicant is entitled to be enlarged on bail and in case he is enlarged on bail, he will not misuse the liberty so granted. 5. Learned A.G.A. has vehemently opposed the prayer made by learned counsel for the applicant but he could not dispute the fact that Versus Counsel for Applicant(s) : Rajendra Prasad, Kuldeep Prakash Counsel for Opposite Party(s) : G.A. Anand Kumar Singh Alias Anand Singh .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. .....Opposite Party(s) the applicant is in jail since 04.09.2021 and all the offences are triable by Magistrate. 6. Considering the contents of the bail application as well as the first bail rejection order of the applicant and the report of the Chief Judicial Magistrate, Lucknow dated 18.08.2025, as only two witnesses have been examined out of seventeen, therefore, this Court is of the view that the applicant is entitled to be released on bail. 7. Accordingly, the present second bail application is allowed. 8. Let the applicant - Anand Kumar Singh Alias Anand Singh be released on bail in aforesaid Case Crime, on his furnishing personal bond of Rs.25,000/- and two reliable sureties each of 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 IPC/269 BNS. (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 BNS, 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 IPC/209 BNS. BAIL No. 6891 of 2025 2 (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 BNS. 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 his in accordance with law. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. (Rajeev Singh,J.) August 26, 2025 A.Dewal BAIL No. 6891 of 2025 3 Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench