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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 36012 of 2025 Court No. - 70 HON'BLE SANTOSH RAI, J.
1. Heard learned counsel for the applicant, learned counsel for the informant, learned AGA for the State-respondents and perused the record. 2. This bail application has been moved on behalf of accused-applicant Veerbhan Singh seeking enlargement on bail in Case Crime No.230 of 2025, under Sections 419, 420, 467, 468, 471, 120-B, 504, 506 IPC, Police Station Maudarwaja, District Farrukhabad. 3. Learned counsel for the applicant submits that the accused-applicant has not committed any offence as alleged in the FIR and has been falsely implicated in this case. Applicant is languishing in jail since 14.8.2025. It is submitted that the first sale deed was executed on 6.8.2020 on the condition that if Smt. Kiran Devi wife of applicant shall pay sale consideration to informant Smt. Reena Chauhan within a period of three years, the informant shall execute sale deed in favour of wife of applicant. It is further submitted that the applicant is not the executor of sale deed and he is only a marginal witness to the sale deed while other witness of sale deed is Girish Singh. It is argued that Smt. Kiran Devi and Pawan Kumar, who are named in the FIR has been granted an arrest stay order by this Court vide order dated 23.8.2025 passed in Criminal Misc. Writ Petition No.18556 of 2025. It is further argued that applicant a civil suit is also pending before the competent civil court in this regard. Submission is that the conclusion of trial will take sufficiently long and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Versus Counsel for Applicant(s) : Vikrant Singh Parihar Counsel for Opposite Party(s) : G.A., Nisha Chouhan, Shailendra Singh Rathore Veerbhan Singh .....Applicant(s) State of U.P. .....Opposite Party(s)
4. Learned AGA as well as learned counsel for the informant has vehemently opposed the prayer for grant of bail and submits that applicant alongwith his wife has committed fraud.
It is submitted that the first sale deed was not executed by Smt. Kiran Devi but another person in place of Smt. Kiran Devi has executed sale deed but this fact is admitted that during the course of proceeding informant has received Rs.2.5 lakhs regarding execution of the disputed property in lieu of consideration money in the year
2024. 5. Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant, keeping in view the uncertainty regarding conclusion of trial; larger mandate of the Article 21 of the Constitution of India, considering the paragraph no.53 of Apex Court in the case of Manish Sisodia Vs. Directorate of Enforcement 2024, (SC) LawSuit 677 and considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that:- (i) The applicant shall not tamper with the evidence or threaten the witnesses. (ii) 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. (iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC/269 BNS.
(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C./84 of 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 IPC/209 of BNS. BAIL No. 36012 of 2025 2
(v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C./351 of B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 6. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 7. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. October 30, 2025 RA BAIL No. 36012 of 2025 3 (Santosh Rai,J.) Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad