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2025 DAILYLAW 149825 (ALL)

RAM BAHADUR SINGH v. THE STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. / PRIN. SECY. HOME LKO.

BAIL/6267/2025 · 2025-07-08

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38604 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6267 of 2025 Applicant :- Ram Bahadur Singh Opposite Party :- The State Of U.P. Thru. Its Addl. Chief Secy. / Prin. Secy. Home Lko. Counsel for Applicant :- Praveen Kumar Yadav,Atul Krishna,Rishabh Chauhan Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.424 of 2022, under Sections 419, 420, 467, 468, 471, 120-B I.P.C., P.S. Gomti Nagar, District Lucknow. In the prosecution case it is alleged that Plot No.3/124A, Vikaskhand, Gomtinagar, Lucknow belonging to LDA was sold by co-accused Chandra Shekhar Singh to Vishnu Pratap. It has been further revealed in the investigation that property was never purchased by Chandra Shekhar Singh and by hatching conspiracy with the co-accused persons, the accused fraudulently get allotment letters of LDA plots in the name of fictitious person and then used to sell them for illegal gains. There has been a recovery of various allotment letters, sale deeds, payment receipts, possession receipts etc. from the joint possession of the accused persons. Learned counsel for applicant submits that co-accused Chandra Shekhar Singh who was the mastermind has been granted bail by the Co-ordinate Bench of this Court vide Bail No.3496 of 2023 dated 03.03.2023. He submits that applicant has explained the criminal history of eleven cases. His case is on better footing than the co-accused Chandra Shekhar Singh who was granted bail. Applicant is in jail since 27.03.2025. Counsel for applicant lastly submits that co-accused Achaleshwar Gupta alias Bablu Gupta has also been granted bail by Co-ordinate Bench of this Court vide order dated 24.06.2025 passed in Criminal Misc. Bail Application No.5546 of 2025. He seek parity with the bail orders of aforesaid co-accused persons namely, Chandra Shekhar Singh and Achaleshwar Gupta alias Bablu Gupta. Learned A.G.A. has opposed the bail prayer. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 27.03.2025 so also the fact that applicant seeks parity with the bail orders of co-accused persons namely, Chandra Shekhar Singh and Achaleshwar Gupta alias Bablu Gupta and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed on the grounds of parity. Let the applicant Ram Bahadur Singh be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) 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. (v) 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. (vi) 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. Order Date :- 8.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench