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2025 DAILYLAW 165684 (ALL)

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

BAIL/8987/2025 · 2025-09-22

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8987 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Atul Verma, the learned counsel for the applicant as well as Sri Mayank Sinha, 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.279 of 2025, under Sections 338, 336(3), 336(4), 340(2), 318(4), 61(2) B.N.S (erstwhile Sections 467, 468, 469, 47,1, 420, 120B I.P.C) and Section 14(b)/14(c) of Foreigners Act, registered at Police Station Sarojini Nagar, District Lucknow. 3. The aforesaid case has been registered on the basis of F.I.R. lodged by an Official of Assistant Foreigners Regional Registration Officers against four persons, including the applicant, stating that co-accused Thanphun Chayapha Alias Darin Chokthanpat was apprehended on the airport and it was found that she was using three different passports Numbers- AD2175735, AC48744944 and AD2048560 regarding the applicant and two other accused persons, it is alleged that they had facilitated the entry of co-accused persons on the strength of fake passports. 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 and he has no criminal history. 5. The Investigating Officer has recorded statement of the an Official holding the post of "ACIO", who stated that the co-accused Foreign National Versus Counsel for Applicant(s) : Atul Verma, Akhilendra Pratap Singh, Mohd Agha Haider Rizvi, Vinod Kumar Yadav Counsel for Opposite Party(s) : G.A. Jasvinder Singh .....Applicant(s) The State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) had come to India and was staying in the house of the applicant, on his invitation. Another witness working as ACIO-I, has also given a similar statement. 6. The learned counsel for the applicant has submitted that the only allegation against the applicant in the F.I.R is that he had facilitated the entry of the co-accused Thanphun Chayapha Alias Darin Chokthanpat into India on the strength of fake passport but no particulars of the role of the applicant have been mentioned either in the F.I.R or in the statements. 7. The learned A.G.A. has opposed the bail application and he has submitted that the offence committed by the applicant is punishable under Section 14 Foreigners Act, 1946, which carries a maximum sentence of imprisonment upto 5 years and he further submitted that the investigation in the matter is still going on. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the nature of allegations against the applicant as are borne out from the statements recorded by the Investigating Officer and that the applicant has no previous criminal history and he is languishing in jail since 22.08.2025, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Jasvinder 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 22, 2025 Preeti BAIL No. 8987 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench