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2025 DAILYLAW 172267 (ALL)

BADAL SINGH v. STATE OF U.P.

BAIL/34264/2025 · 2025-10-27

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34264 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Ratnesh Kumar Jaiswal, learned counsel for the applicant and Shri Yagyavalka Pandey, learned A.G.A. for the State respondents and perused the record. This bail application under Section 483 B.N.S.S. has been moved on behalf of accused-applicant Badal Singh, seeking enlargement on bail in Case Crime No. 101 of 2024, under Sections-61 (2), 308 (5), 351 (2), B.N.S. and 67 I.T. Act, Police Station-Kachhawa, District-Mirzapur. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 03.08.2025. Learned counsel for the applicant submits that a First Information Report regarding an incident alleged to have taken place on 25.06.2022 was lodged on 19.08.2024, by the first informant, with a delay of two years without any plausible explanation, against one Rakesh Bind, with the allegation that Rakesh Bind, had demanded ransom of Two Lakh Rupees, from the first informant, who is a practicing Homeopathy Doctor. The delay in lodging the F.I.R. is fatal to the prosecution story. Learned counsel for the applicant submits that neither the applicant was named in the First Information Report nor there is any allegation of demanding ransom against the applicant. Learned counsel for the applicant submits that the main accused Rakesh Bind has been granted Anticipatory bail by a coordinate Bench of this Court in Criminal Misc. Anticipatory Bail Application No. 10161 of 2024 vide order dated 25.10.2024. The applicant Versus Counsel for Applicant(s) : Ratnesh Kumar Jaiswal Counsel for Opposite Party(s) : G.A. Badal Singh .....Applicant(s) State of U.P. .....Opposite Party(s) has no criminal antecedent and there is no likelihood of his fleeing from cou rse of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the bail prayer but could not dispute the fact that applicant is of no criminal antecedents. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Badal Singh, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. October 28, 2025 Deepak/ BAIL No. 34264 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad