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2025 DAILYLAW 158946 (ALL)

AMAR SINGH v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO.

BAIL/7853/2025 · 2025-09-24

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7853 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Ishan Baghel, learned counsel for the applicant, Sri Jayant Singh Tomar, learned Additional Government Advocate-I for the State and perused the records. Rejoinder affidavit filed today in court is taken on record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.0224 of 2025, under Sections 308(5), 324(4), 351(2) B.N.S., registered at Police Station Mohanlalganj, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 17.06.2025 against four persons, including the applicant, his brother, his wife and his sister and 40-50 unknown persons stating that the complainant is co-Director of Padmaja Group Pvt. Company which is mainly engaged in purchasing land and developing the residential colony and selling plots of land at the developed site in Raibhankhera, Mohanlalganj in the year 2022. In the month of December, 2022 the applicant had created ruckus at the site along with 40-50 other persons and had demanded Rs.10,00,000/- from the complainant's husband Rajiv Singh threatening to spread misleading news and not to permit any customers to visit the site for sale of any plot. The complainant's husband Rajiv Singh, who is the Managing Director of the company acceded to the applicant's demand and paid a sum of Rs.1,00,000/- on 25.12.2022 and Rs.50,000/- on 30.06.2023. During December, 2022 to December, 2024 the applicant extracted Rs.17,04,801/- and has got two plots transferred in the names of his wife and sister. The applicant is still demanding money and on 06.06.2025 he has demanded money as expenditure for visit of five persons to Goa. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in another criminal case has been disclosed in the affidavit, in which he has been granted bail. 5. It has further been stated that the complainant used to treat the applicant like her brother. There were cordial relations between them and the applicant used to work as an agent for the company and he was paid his commission/brokerage by the company. Versus Counsel for Applicant(s) : Ishan Baghel Counsel for Opposite Party(s) : G.A. Amar Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. .....Opposite Party(s) 6. The learned counsel for the applicant further submitted that the allegations levelled in the F.I.R. do not make out extortion by putting some person under threat of death or grievous injury. The learned counsel for the applicant next submitted that the F.I.R. has been lodged when some dispute took place between the parties regarding payment of commission to the applicant. 7. The State has filed a counter affidavit opposing the bail application. The learned A.G.A.-I has submitted that the investigation of the case is still going on. 8. A rejoinder affidavit has been filed on behalf of the applicant annexing therewith a whatsapp chat between the parties referred to in the F.I.R. which merely states that the applicant was pressurising for payment of his due amount as he had to bear expenditure for five persons for visiting Goa and the learned counsel for the applicant submitted that this demand does not make out extortion under threat of death or grievous injury. It has further been stated in the rejoinder affidavit that the applicant's wife co-accused Shalu Singh is suffering from complications during her pregnancy and ultrasonography report annexed with the rejoinder affidavit mentions that she is having eight weeks' pregnancy with no cardiac activity. 9. The learned counsel for the applicant has submitted that the applicant's wife has been advised termination of her pregnancy, for which the applicant's presence with her is indispensable. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the submissions of the learned counsel for the applicant and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid submissions are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 11. Accordingly, this bail application stands allowed. 12. Let the applicant-Amar Singh be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to 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, unless his appearance is exempted by the learned trial court. September 24, 2025 Ram. BAIL No. 7853 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench