HARVEER SINGH @ KAKU SARDAR KAKAY SARDAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/7628/2025 · 2025-08-18
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 158065 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 158065 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:48021 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7628 of 2025 Applicant :- Harveer Singh @ Kaku Sardar Kakay Sardar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Anil Kumar Tiwari,Satyam Tiwari,Ujjawal Tewari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Supplementary affidavit filed by the learned counsel for the applicant is taken on record. 2. Heard Sri Anil Kumar Tiwari, the learned counsel for the applicant, Sri Diwaker Singh, the learned A.G.A. for the State and Sri Amar Singh, Advocate who has filed his Vakalantnama on behalf of the complainant is taken on record. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 30 of 2025, under Sections 420, 467, 468, 471, 504, 506, 406 I.P.C., registered at Police Station Paraspur, District Gonda. 4. The aforesaid case has been registered on the basis of F.I.R. lodged on 28.01.2025 against three persons including the applicant and two other named persons- Chandan Dixit and Madan Gupta, stating that co-accused Chandan Dixit had induced the complainant to make investments in mining business being carried out by him in partnership with the other two co-accused persons. The complainant has stated that he had paid Rs. 40 Lakhs to Madan Gupta through R.T.G.S and he had paid Rs. 10 Lakhs in cash to Chandan Dixit and Chandan Dixit had entered into a partnership agreement with him. Later on, it transpired that the co-accused Chandan Dixit had induced the complainant to enter into a partnership and make investments on the basis of some documents which turned out to be forged. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person and he has been falsely implicated in the present case. The applicant's involvement in four other criminal cases has been disclosed in para 17 of the affidavit filed in support of the bail application, in one of the cases, the Investigating Officer has submitted a closure report, in two cases, the applicant's name has not been included in the charge-sheet and in remaining one case, the
applicant has been ordered to be released on bail and a copy of the bail order has been brought on record along with a supplementary affidavit. 6.
6. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R does not make a mention of commission of any act by the applicant, I am of the view that the applicant is entitled to be enlarged on bail. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Harveer Singh @ Kaku Sardar Kakay Sardar be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: - (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi,J.) Order Date :- 18.8.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench