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2025 DAILYLAW 161032 (ALL)

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

BAIL/8214/2025 · 2025-09-03

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8214 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Saurabh Singh, the learned counsel for the applicant as well as Sri Ashok Kumar Srivastava, the learned A.G.A. for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 291 of 2024, under Sections 419, 420, 467, 468, 471, 120-B I.P.C., registered at Police Station Umribegamganj, District Gonda. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 05.11.2024 against 13 persons, including the applicant, stating that the named co-accused Arjun Singh had prepared a forged will of Bhagauti Singh, who was the matrimonial uncle of complainant's wife Smt. Jhinka Devi. Bhagauti Singh had died on 18.05.1979 but Arjun Singh prepared a forged will on 30.01.1982, which was cancelled by Tehsildar Tarabganj. Yet, Arjun Singh stealthily got the land of Bhagauti Singh mutated in his name in the year 1993 regarding which some litigation was instituted. 4. During pendency of those proceedings, a sale deed in respect of the disputed land was executed on 19.12.1996 and again on 19.01.2007. Versus Counsel for Applicant(s) : Ashvani Kumar Yadav, Indra Pratap Singh, Saurabh Singh Counsel for Opposite Party(s): G.A. Sundar Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 5. A Consolidation Court passed an order in favour of Arjun Singh on 19.11.2015 but that order was set aside by the Settlement Officer of Consolidation on 04.04.2018 and the matter was remanded. 6. The F.I.R contains very long narrations of subsequent events regarding litigation between the parties, from which it appears that essentially that the dispute between the parties is of civil nature regarding which litigations are already pending before the Competent Court. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a 75 years old person having no criminal history and he has been falsely implicated in the present case. 8. The learned counsel for the applicant has submitted that co- accused persons Arjun Singh, Jitendra Singh and Hausla Prasad have filed a Criminal Misc. Writ Petition No. 7108 of 2025 challenging the validity of an F.I.R and by means of an interim order dated 11.08.2025, this Court has restrained any coercive steps being taken against them. However, the applicant has been arrested and he is is languishing in jail since 18.07.2025. 9. The learned A.G.A. has opposed the bail application and he has submitted that the investigation in the present case is still going on. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that mainly the F.I.R contains allegations against co-accused Arjun Singh and Arjun Singh and two other accused persons have already been granted interim order restraining coercive steps being taken against them and that the applicant is a 75 years old person having no criminal history and he is languishing in jail since 18.07.2025, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail. 11. Accordingly, this bail application stands allowed. BAIL No. 8214 of 2025 2 12. Let the applicant- Sundar Singh 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. September 3, 2025 Preeti. BAIL No. 8214 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench