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2025 DAILYLAW 155700 (ALL)

SACHIN SINGH @ AMAR SINGH RATHOR (ACTUAL NAME SACHIN SINGH) v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO.

BAIL/7151/2025 · 2025-08-01

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44736 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7151 of 2025 Applicant :- Sachin Singh @ Amar Singh Rathor (Actual Name Sachin Singh) Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Dinesh Kumar Mishra 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 instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No.15 of 2025 under Sections 419, 420, 467, 468, 471, 504, 506 IPC, P.S.- Gomti Nagar District - Lucknow. Learned counsel for the applicant submits that co-accused persons namely, Ram Bahadur Singh, Dhananjay Singh, Mukesh Maurya @ Rangi, Sushil Kumar Mishra, Achaleshwar Gupta @ Bablu Gupta & Rahul Singh & Ritik Awasthi have been granted bail by this Court vide orders dated 24.06.2025, 18.07.2025, 03.07.2025, 03.07.2025, 27.06.2025, 08.07.2025 & 22.07.2025 passed in Criminal Misc. Bail Application Nos.5472/2025, 5574/2025, 6176/2025, 6168/2025, 5767/2025, 6316/2025 & 6716/2025 respectively. Applicant seeks parity with the bail orders of aforesaid co-accused persons. He submits that offences are triable by magistrate. Investigation in the case is going on. He also submits that applicant is neither vendor nor vendee nor marginal witness in the sale deed, there is no specific allegation against the applicant in the prosecution case and only general allegation of conspiracy with the co- accused has been made in the prosecution case. Applicant has explained the criminal history in paragraph 2 of the supplementary affidavit which has been filed today and the same is taken on record. He submits that the applicant is in jail since 28.03.2025. Learned A.G.A. has opposed the bail prayer. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 28.03.2025, offences are triable by magistrate, no specific allegation against the applicant in the prosecution case, applicant has explained the criminal history so also the bail orders of aforesaid co-accused persons to whom applicant claims parity and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed on the grounds of parity. Let the applicant Sachin Singh @ Amar Singh Rathor (Actual Name Sachin Singh) be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court 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 Indian Panel Code (now Section 269 of 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 Indian Panel Code (now Section 209 BNS). Order Date :- 1.8.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench