RAHUL SINGH v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME LKO.
BAIL/6430/2025 · 2025-07-11
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150861 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150861 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:39798 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6430 of 2025 Applicant :- Rahul Singh Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Lko. Counsel for Applicant :- Ramakar Shukla 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 accused-applicant seeks bail in Case Crime No.195 of 2024 under Section 310(2) BNS, Police Station Manikpur, District Pratapgarh.
Learned counsel for the applicant submits that on 21.09.2024, while the informant was talking with his friend, all of a sudden, six accused persons riding on three motorcycles surrounded their car. By showing weapons, they allegedly dragged his friend out of the vehicle. It is further alleged that the accused persons looted the mobile phone of Shailesh, Rs.90,000/- in cash belonging to the complainant and the Bolero car of the complainant.
Learned counsel for the applicant submits that, as a matter of fact, one Devendra Kumar had financed a Bolero car through Chola Mandalam Finance, but failed to pay the loan installments. As a result, Chola Mandalam Company, through its agents, took repossession of the vehicle. The applicant was working as an agent of the finance company. The victim has not been interrogated by the Investigating Officer and his statement is missing from the entire case diary. It is submitted that the applicant has been falsely implicated; no recovery has been made from him. Co-accused persons, namely
Kaif Ahmad, Shubham Singh @ Sibbu Singh, and Adarsh Pandey, have already been granted bail by a coordinate Bench of this Court vide orders dated 05.02.2025, 08.05.2025, and 07.02.2025, respectively. The applicant has no previous criminal history. He is in jail since 24.04.2025. Charge-sheet has been filed in the matter. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the arguments advanced and perusal of the record, as also the fact that the applicant is in jail since 24.04.2025; the charge-sheet has been filed in the matter; the co-accused persons, named above, have already been granted bail; the applicant has no previous criminal history, and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Rahul Singh be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below 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 IPC (now Section 269 BNS). (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 of the IPC (now Section 209 BNS).
Order Date :- 11.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench