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2025 DAILYLAW 173542 (ALL)

RAM SAGAR SINGH @ SIBBU v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.

/12416/2025 · 2025-12-15

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12416 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Supplementary Affidavit filed by learned counsel for the applicant is taken on record. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.62 of 2016 under Section 307 IPC, Police Station Kotwali Dehat, District Sultanpur. In the prosecution case, it is alleged that while the informant, along with his brother, was going to Sultanpur from Block Bhadaiya, the accused persons, namely Ram Sagar Singh @ Sibbu, Ankit Singh, and Shiv Prasad Yadav, due to old enmity, fired upon the injured with the intention to kill and inflicted gunshot injuries upon him. Learned counsel for the applicant submits that in the statement of the injured, the role of firing has been assigned to the applicant as well as to co-accused Ankit Singh. It is further submitted that the said co- accused Ankit Singh has already been granted bail vide order dated 24.04.2018 passed by coordinate Bench of this Court in Bail No. 7064 of 2017. On this ground, the applicant seeks parity with the bail order passed in favour of Ankit Singh. It is further submitted that the applicant is in jail since 15.09.2025. Versus Counsel for Applicant(s) : Prachish Pandey Counsel for Opposite Party(s) : G.A. Ram Sagar Singh @ Sibbu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s) The criminal history of the applicant, consisting of four cases, has been duly explained in paragraph 6 of the supplementary affidavit. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. has opposed the bail prayer of the applicant and submitted that the applicant has approached this Court after a long delay of several years. Learned counsel for the applicant, in reply, submits that the applicant was arrested on 08.07.2017 pursuant to Case/FIR No. 48 of 2017 under Sections 302, 307, 120-B IPC read with Section 27 of the Arms Act. It is further submitted that the applicant has remained in jail throughout and was ultimately acquitted vide judgment and order dated 27.08.2025 passed by the learned Additional District and Sessions Judge, XVI, Dhanbad in S.T. No. 276 of 2017 arising out of Case/FIR No. 48 of 2017 under Sections 302, 307, 120-B IPC read with Section 27 of the Arms Act. A copy of the acquittal order has been brought on record as Annexure S.A.-1 to the supplementary affidavit. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the bail order passed in favour of co-accused Ankit Singh by coordinate Bench of this Court, the role assigned by the injured to the applicant as well as to the said co-accused, and the fact that the applicant is in jail since 15.09.2025; and further considering that the applicant has explained his criminal history of seven cases in paragraph 20 of the bail application as well as in the supplementary affidavit, and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. BAIL No. 12416 of 2025 2 Let the applicant Ram Sagar Singh @ Sibbu, involved in the aforesaid FIR/Case crime number, 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. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. December 15, 2025 Madhu D.R/P.S BAIL No. 12416 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench