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2025 DAILYLAW 167879 (ALL)

CHANDRAPAL SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

BAIL/11658/2024 · 2025-07-18

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41320 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11658 of 2024 Applicant :- Chandrapal Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Rahul Mishra Counsel for Opposite Party :- G.A.,Arvind Kumar,Ramesh Singh Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.324 of 2019, under Sections 506, 420, 406, 467, 468, 471 I.P.C., P.S. Mahanagar, District Lucknow. In the prosecution case it is alleged that applicant has lured the complainant on the pretext of providing her daughter a job in Indian Railways and has taken Rs.4,60,000/- for her personal need and for business purposes Rs.7,10,000/-, total Rs.11,70,000/- has usurped. Initially F.I.R. was lodged under Sections 420, 461 IPC and later on, on the basis of accumulated material by the Investigating Officer Sections 406, 467, 468, 471 IPC have been added. Learned counsel for applicant submits that applicant is innocent and has falsely been implicated in this case. He submits that applicant has not committed any forgery, there is no basis for adding Sections 467, 468, 471 IPC. The F.I.R. has been lodged on 17.08.2019 whereas the alleged offence is said to have been committed in the month of March, April and June, 2017. There is no explanation for the delay. The offences are triable by magistrate. Applicant has explained the criminal history in paragraph 2 of the supplementary affidavit filed on 09.05.2025. The applicant is languishing in jail since 01.06.2024. Learned A.G.A. as well as learned counsel for the complainant have opposed the bail prayer. A perusal of the record shows that on 09.05.2025, an statement was made on behalf of the informant that applicant has submitted fabricated bail bonds in some matters where he was granted bail. On the basis of this statement, he was granted time to bring on record such orders/facts. Today when the matter has been taken up Mr. Sridharraj Singh holding brief of Sri Ramesh Singh has put in appearance for the complainant however, he could not offer any explanation as to why such statement was made and why the material, if any, has not been filed or brought on record before this Court. The court has noticed that due to such dilatory tactics, the applicant is in jail since 01.06.2024 although the bail application was filed way back on 04.11.2024 however, the same is pending till date. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 01.06.2024, offence is triable by magistrate, charge-sheet has been filed, nothing could be brought on record either by the complainant or by the State to show that applicant has submitted any fabricated bail bonds in other cases which are part of the criminal history of the applicant and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Accordingly, the bail application is allowed. Let the applicant Chandrapal Singh be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (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, 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 of the Indian Panel Code (now Section 269 of 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 Section 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 of the Indian Panel Code (now Section 209 BNS). Order Date :- 18.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench