GANGA DHAR SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER
ABAIL/767/2025 · 2025-07-11
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 148076 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 148076 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:39550 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 767 of 2025 Applicant :- Ganga Dhar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Mayank Pandey,Ravi Kant Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Supplementary affidavit filed today is taken on record. In view of the proposed order being passed, notices to respondent No.2 is dispensed with. Heard learned counsel for the applicant and learned A.G.A. for the State. The present bail application has been filed by the applicant apprehending his arrest in Case Crime No.162/2004, under Sections 419, 420, 467, 468, 406, 409, 120-B I.P.C., P.S. Bhiti, District Ambedkar Nagar.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in this case. Applicant is Class IV employee in the bank. The offences are triable by magistrate. The charge-sheet in the case has been filed. Applicant has explained the criminal history in the supplementary affidavit filed today.
Learned counsel for the applicant undertakes that applicant will cooperate in trial. Learned A.G.A. has vehemently opposed the bail application and has submitted that offences are punishable with life, complicity of the applicant is evident as the applicant being Class IV employee has taken loan in the name of bank customers by committing forgery and has aided in withdrawal of the loan amount in the form of cash. He further submits that charge-sheet in the matter has been filed. On due consideration to the submissions advanced, perusal of the record so also the fact that offence has been committed approximately 21 years ago, charge-sheet in the case has been
filed way back, applicant has explained the criminal history in the supplementary affidavit, no useful purpose will be served in sending the applicant behind the bars, applicant has undertaken to cooperate in the trial, it would be expedient in the interest of justice that the liberty of the applicant may be protected in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. In view of the above, since, charge-sheet in the matter has been filed, the applicant-Ganga Dhar Singh is directed to surrender himself before the trial court within ten days from today. In case of such surrender, the trial court shall enlarge the applicant on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court concerned with the following conditions:- (i) 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 tamper with the evidence; (ii) The applicant shall not leave India without the previous permission of the court; (iii)The applicant shall not pressurize/ intimidate the prosecution witness; (iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. In view of the aforesaid, the application is allowed.
Order Date :- 11.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench