SAHAB BAKSH SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO
NABAIL/952/2025 · 2025-07-30
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153774 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153774 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:44086 Court No. - 14 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 952 of 2025 Applicant :- Sahab Baksh Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Amit Kumar Singh,Mohit Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present bail application has been filed by the applicant apprehending his arrest in Case Crime No.173/2024, under Sections 406, 420, 504, 506 I.P.C., P.S. Amethi, District Amethi. Heard learned counsel for the applicant and learned A.G.A. for the State.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in this case. The offences are triable by magistrate. Applicant has no criminal history.
Learned counsel for the applicant further submits that allegation in the F.I.R. are baseless and he has been falsely implicated. The investigating officer has filed the charge sheet without collecting the cogent and tangible evidence. Learned A.G.A. has vehemently opposed the bail application, however, could not dispute the fact that the applicant has no criminal history. He further submits that charge-sheet in the matter has been filed. On due consideration to the submissions advanced, perusal of the record so also the fact that the applicant has no criminal history, he has cooperated in the investigation and he shall cooperate in the trial, it would be expedient in the interest of justice that the liberty of the applicant may be protected in view of dictum of Apex Court in Musheer Alam v. State of U.P. reported in [(2025) SCC OnLine SC 116]. In view of the above, since, charge-sheet in the matter has been filed, the applicant-Sahab Baksh Singh is directed to surrender himself before the trial court within twenty days from today. In
case of such surrender, the trial court shall enlarge the applicant on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court concerned with the following conditions:- (i) 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 tamper with the evidence; (ii) The applicant shall not leave India without the previous permission of the court; (iii)The applicant shall not pressurize/ intimidate the prosecution witness; (iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. In view of the aforesaid, the application is allowed.
Order Date :- 30.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench