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2025 DAILYLAW 166781 (ALL)

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

BAIL/9356/2025 · 2025-09-25

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9356 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 2.Learned counsel for the applicant submits that the accused applicant is Jila Panchayat Member. Due to political rivalry, he has been falsely implicated in this case. The first information report is alleged to have been registered on 6.8.2025 at 3.02 hours in the morning. On the same date, recovery is shown without assigning any time of the recovery where Rs.60,000/- and a mobile phone have been shown to have been recovered from the applicant. It is submitted that without there being any substance and assigning any reason, the first information report has been registered, including the offences of cheating, dacoity, extortion etc. The first information report is ante-timed. The applicant has explained the criminal history in the supplementary affidavit filed today which is taken on record. It is next submitted that before lodging the first information report, including for the offence under section 111 BNS, a circular dated 25.8.2025 has been issued by the Director General of Police to all the Police Commissioners, Senior Superintendent of Police and the Superintendent of Police to take appropriate approval of the enquiry report before lodging the first information report. The approval has not been taken. The applicant is in jail since 6.8.2025. Versus Counsel for Applicant(s) : Vaibhav Srivastava, Ravi Singh, Vishnu Pratap Singh Counsel for Opposite Party(s) : G.A. Raja Man Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) The co-accused Gaurav Singh and Anjani Singh have been granted bail vide order dated 18.9.2025 passed in Bail No.8970 of 2025. Another co-accused Neetu Singh has also been granted bail vide order dated 1.9.2025 passed in Bail No.8226 of 2025. 3.It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 4.Learned A.G.A. opposed the prayer for bail and submits that the accused applicant has checkered criminal history. As regards the said circular, he submits that the first information report had been lodged prior to the notification and it is not retrospective in nature. The investigating is going on. The permission, if any required, shall be taken in due course. 5.Considering the facts and circumstances of the case, the co-accused, named above, have been granted bail, there is no independent witness to the alleged recovery, the applicant has explained criminal history, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail. 6.Let the applicant Raja Man Singh, involved in Case Crime No.557 of 2025 under sections 318(4), 308(5), 351(3), 310(2), 352, 126(2), 111(2)ii, 317(2), 317(3) BNS, P.S. Poorakalandar, district Ayodhya, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, BAIL No. 9356 of 2025 2 threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A I.P.C. (now 269 BNS) (vi) In case the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A I.P.C. (now 209 BNS). 7.The application is allowed accordingly. September 25, 2025 kkb/ BAIL No. 9356 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench