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2025 DAILYLAW 151075 (ALL)

RAJESH BAHADUR SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME CRIME AND INVESTIGATION DEPTT. LKO.

BAIL/6547/2025 · 2025-07-17

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41025 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6547 of 2025 Applicant :- Rajesh Bahadur Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Crime And Investigation Deptt. Lko. Counsel for Applicant :- Sheo Prakash Singh,Pradeep Rai Counsel for Opposite Party :- G.A.,Ghulam Mohammad Kamil,Narendra Bahadur Singh Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State as well as Shri Ghulam Mohammad Kamil, learned Advocate who has filed vakalatnama on behalf of the complainant which is taken on record. In the prosecution case, it is alleged that someone impersonated Mahesh Prasad by using an imposter and got a will registered in favour of Ram Gopal, who is the uncle of the applicant, Rajesh Bahadur Singh. It is also alleged that the applicant served as a witness to the said registered deed. Learned counsel for the applicant submits that the offences alleged are triable by a Magistrate. It is also pointed out that a civil suit, bearing number 1415 of 2021, has been filed by the complainant and is currently pending before the Civil Judge (Junior Division), Dalmau, Raebareli. It is further argued that the complainant has failed to establish his title to the property since 1958. It is further submitted that 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. On the other hand, learned counsel for the complainant submits that the accused belongs to a different district and neither he nor Ram Gopal has any relation with Mahesh Prasad. It is alleged that the will in question is forged. Learned A.G.A. and counsel for the complainant have opposed the bail application. On due consideration to the fact that a civil suit filed by the complainant is pending before the Civil Judge (Junior Division), Dalmau, Raebareli; the offences are triable by a Magistrate; the charge sheet has been submitted; the applicant has explained his antecedents, which include only one case; and he is in custody since 29.04.2025, I am of the view that the applicant deserves to be released on bail. . Accordingly, the bail application is allowed. Let the applicant Rajesh Bahadur Singh involved in Case Crime No-297/2024, under Section-419,420,467,468,471 IPC, Police Station - Kunda, District- Pratapgarh 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). It is clarified that the observations made in this order are confined to the present anticipatory bail application and shall have no bearing on the merits of the trial. Order Date :- 17.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench