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2025 DAILYLAW 150577 (ALL)

SANTOSH KUMAR SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO

BAIL/6357/2025 · 2025-07-16

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40667 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6357 of 2025 Applicant :- Santosh Kumar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Manoj Kumar Mishra,Ajay Kumar Verma,Pankaj Kumar Counsel for Opposite Party :- G.A.,Gaurav Mani,Lalla Chauhan Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and Shri Lalla Chauhan, learned Advocate who has filed vakalatnama which is taken on record. In the prosecution case, it is alleged that the applicant, who is stated to be the Director of Timecity Multi State Cooperative Housing Society Limited, along with co-accused, approached several persons and induced them to invest in the said society. However, the promised returns were never provided to the investors, leading to the lodging of the present FIR. Learned counsel for the applicant submits that co-accused Pankaj Kumar Pathak, the Chairman of the said society, has been granted interim anticipatory bail vide order dated 12.05.2025 passed in Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No. 427 of 2025. Another co- accused, Ashok Singh, who is the Managing Director, has been granted regular bail vide order dated 21.02.2025 in Criminal Misc. Bail Application No. 976 of 2025. The applicant seeks parity with the co-accused persons. The criminal antecedents of the applicant have been explained in paragraph 37 of the bail application. The offences alleged are triable by a Magistrate. It is further submitted that the applicant is languishing in jail since 07.05.2025. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. and counsel for the complainant have opposed the bail prayer. On due consideration of the role attributed to the applicant, the bail granted to the co-accused persons mentioned above, the fact that the alleged offences are triable by a Magistrate, and the period of incarceration undergone by the applicant, and without expressing any opinion on the merits of the case, I find it to be a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Santosh Kumar Singh involved in Case Crime/FIR No. 0694 of 2024, under Sections 409, 420 IPC, P.S. Dewa, District Barabanki. 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 with the following conditions which are being imposed in the interest of justice:- (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 in accordance with law. (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. (now Section 84 BNSS) 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 IPC (now Section 209 of BNS). Order Date :- 16.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench