SUSHIL SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME CRIME AND INVESTIGATION DEPTT. LKO.
/9127/2025 · 2025-09-23
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 164071 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164071 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9127 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Sheo Prakash Singh and Sri Bal Keshwar Srivastava, the learned counsel for the applicant as well as Sri Rajesh Kumar Singh, the learned A.G.A.-I 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.343/2025, under Sections 318(4), 336(3), 340(2), 338, 351(2) B.N.S registered at Police Station- Kotwali City, District- Pratapgarh. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 25.07.2025 against the applicant and another co-accused Ravi Mohan Ojha by the complainant- Anand Mohan Ojha, stating that his brother co-accused, Ravi Mohan Ojha transferred the entire property left by the complainant's- father, half of which belongs to the complainant, in favour of the applicant, on the basis of a forged no objection certificate of the complainant. The complainant further stated that when he raised objection against it, the applicant threatened him. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person, he has been falsely implicated in the present case. The applicant's involvement in 3 other cases has been disclosed in paragraph no.20 of the affidavit. In two cases, closure report has been submitted, in one case, applicant has not received any summon. Apart from these 3 cases, applicant's involvement is also found in 4 other cases, details of which have been disclosed in paragraph 21 of the affidavit, which are similar in nature, in one of the four cases, he has been granted bail. 5. The learned A.G.A. has opposed the bail application and he has submitted that the complainant has stated in the FIR as well as in his statement recorded by the Investigating Officer that after commission of offence, Versus Counsel for Applicant(s) : Sheo Prakash Singh, Bal Keshwar Srivastava Counsel for Opposite Party(s) : G.A. Sushil Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Crime And Investigation Deptt. Lko. .....Opposite Party(s)
applicant has threatened the complainant. He has submitted that the investigation in the present case is still going on. 6.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that substantially, the FIR allegation is that the complainant and his brother co-accused Ravi Mohan Ojha had inherited the property of their father in equal shares but co-accused Ravi Mohan Ojha has transferred the entire land in favour of the applicant on the strength of a no objection certificate which was forged; the transfer has been made by co- accused Ravi Mohan Ojha; there is no averment in the FIR that the complainant has taken any action for cancellation of the sale deed executed by his brother co-accused Ravi Mohan Ojha coupled with the fact that the applicant is in jail since 12.08.2025 and investigation in the matter is still going on. Thus, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail. 7. Accordingly, this bail application stands allowed. 8. Let the applicant- Sushil 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 23, 2025 V. Sinha BAIL No. 9127 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench