RAJESH SINGH v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.
BAIL/6737/2025 · 2025-07-22
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152926 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152926 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:42059 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6737 of 2025 Applicant :- Rajesh Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Pawan Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that brother-in-law of the informant on 16.6.2022 obtained money from the husband of the complainant to secure a job for the son of the complainant. The complainant gave him Rs.6 lacs. It is alleged that the applicant gave a joining letter in the name of HAL. When the informant went to get the joining done with her son, she came to know that no post was advertised and the letter is fake. Money has not been returned by the applicant. 3.Learned counsel for the applicant submits that the applicant has been falsely implicated due to animosity between the relatives. Charge sheet has been filed.The applicant undertakes to cooperate in the trial. The offence is triable by Magistrate. The applicant has no previous criminal history. The applicant is in jail since 24.12.2024. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 4.Learned A.G.A. opposed the prayer for bail and submitted that the accused applicant has entered into a written compromise with husband of the complainant, in which he had
undertaken to repay the amount so obtained but he did not return the amount. This is a case of clear fraud having been committed by the applicant. 5.Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, the offence is triable by Magistrate, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail.
6.Let the applicant Rajesh Singh, involved in Case Crime No.192 of 2024 under sections 406, 420, 467, 468, 471 I.P.C., P.S. Ghazipur, district Lucknow, 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 under Section 229-A I.P.C. (now 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 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 I.P.C. (now 209 BNS). 7.The application is allowed accordingly.
Order Date :- 22.7.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench