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2025 DAILYLAW 167187 (ALL)

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

BAIL/9293/2025 · 2025-09-25

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9293 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Umesh Dixit, learned counsel for the applicant, Shri Ashok Kumar Srivastava, learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.335 of 2024, under Sections 319(2), 318(4), 338, 336(3), 340(2) and 3(5) of BNS, 2023, registered at Police Station Kotwali Nagar, District Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 12.09.2024 by a Lekpal against 3 named persons, including the applicant, and some other persons stating that co-accused Vishal Dhaneja has executed numerous sale deeds and has transferred land belonging to Gata No.156 which is recorded as Naveen Parati. Some sale deeds mentioned Gata Nos.136, 135 and 144 but the purchasers were given possession of land forming part of Gata No.156. Regarding the applicant and co-accused Santosh merely this much has been stated that they were also involved in this act. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. 5. The applicant's involvement in 3 other cases has been disclosed in para 21 of the affidavit filed in support of the bail application in all of which he has been granted bail. Versus Counsel for Applicant(s) : Umesh Dixit Counsel for Opposite Party(s) : G.A. Uttam Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) 6. Co-accused Santosh Kumar has been granted bail in the present case by means of an order dated 25.09.2025 passed by this Court in Crl. Misc. Bail Application No.9204 of 2025. 5. Learned A.G.A. has opposed the bail application and he has submitted that the investigation in the matter is still going on. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. principally levels allegation against co- accused Vishal Dhaneja and regarding the applicant merely this much has been stated that he was involved in the commission of the offence without specifying the role of the applicant in commission of the offence and that the applicant is languishing in jail since 11.08.2025 and a co-accused person has already been granted bail in the present case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 7. Accordingly, this bail application stands allowed. 8. Let the applicant Uttam Singh be released on bail in the aforementioned 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. September 25, 2025 -Amit K- BAIL No. 9293 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench