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2025 DAILYLAW 170169 (ALL)

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

BAIL/13051/2024 · 2025-09-04

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 13051 of 2024 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Amol Kumar Srivastava, the learned counsel for the applicant as well as Smt. Shikha Sinha, learned AGA 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. 345/2024, under Sections 419, 420, 409, 467, 468, 471, 504 & 506 of I.P.C., Police Station Gosainganj, District Lucknow. 3. The aforesaid case has been registered on the basis of an FIR lodged on 30.08.2024 against eight persons, including the applicant, stating that the informant had purchased a plot of land from M/s Reality Investment Solution Pvt. Ltd., of which the accused persons Ankit Khare, Balvir Singh, Shiv Kumar, Anand Kumar Sharma, Pradeep Singh and Ram Sajivan are the directors. On 03.10.2019, it transpired that the land of which possession was handed over to the purchaser, was in fact different from the land mentioned in the sale deed. The informant demanded refund of the money paid by sale consideration but no amount was given to her. 4. In the affidavit filed in support of the application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in six other criminal Versus Counsel for Applicant(s) : Mohd. Tanveer, Amol Kumar Srivastava, Anas Ahmad, Brijesh Kumar Srivastava, Mohd. Rais, Parvez Ahmad Siddiqui, Shivanshu Mishra Counsel for Opposite Party(s): G.A. Balvir Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) cases has been disclosed in paragraph 11 of the affidavit filed in support of the bail application. In five of which he has already been granted bail. Two co-accused persons Anand Kumar Sharma and Pradeep Singh have been granted bail in the present case. 5. Learned AGA-I has opposed the bail application and she has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 19.02.2025. She has submitted that the co-accused persons who have been granted bail are directors of the company but they had not witnessed execution of the agreement whereas the applicant besides being director of the company, is a witness of execution of the sale deed. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR categorically states that the sale deed was executed in the presence all the directors of company who are made accused in the FIR although the applicant had witnessed execution of the sale deed; that two directors of the company have been granted bail whereas the applicant is languishing in jail since 21.09.2024 and the investigation sands concluded, 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-Balvir Singh be released on bail in the aforesaid 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 4, 2025 Pradeep/- BAIL No. 13051 of 2024 2 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench