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2025 DAILYLAW 176119 (ALL)

GOVIND SINGH @ KALLU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

/12024/2025 · 2025-12-04

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12024 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 2. In the prosecution case, it is alleged that the applicant in connivance with the co-accused persons by using imposter of one Suneeta and preparing forged document, has executed a sale deed in favour of one Radhey Shyam. Learned counsel for the applicant submits that the applicant has been falsely implicated. The applicant has a criminal history of one case which has been explained in para 4 of the supplementary affidavit. The applicant is neither seller nor purchaser nor a witness in the sale deed. The only allegation against the applicant is that he was accompanying with the co-accused persons. The applicant is in jail since 7.11.2025. The co-accused Shashikala, who was imposter of Suneeta has been granted bail vide order dated 26.3.2025 passed in Bail No. 2553 of 2025. Another co-accused Munendra Singh has also been granted bail vide order passed in Bail No.5001 of 2025, filed at page 34 of the paper book. Learned counsel for the applicant submits that the case of the applicant is on better footing than the co-accused Shashikala. 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 Versus Counsel for Applicant(s) : Ashish Kumar Counsel for Opposite Party(s) : G.A. Govind Singh @ Kallu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) the applicant is enlarged on bail, he shall not misuse the liberty of bail. 3.Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 4.Considering the facts and circumstances of the case, including the fact that the applicant has explained criminal history, there is no specific allegation against the applicant, the co-accused named above has been granted bail, the offence is triable by Magistrate, arguments advanced by learned counsel for the parties, the applicant is in jail since 7.11.2025, and without expressing any opinion on the merits of the case, I am prima facie satisfied that it is a fit case for enlarging the applicant on bail and accordingly, the bail application is allowed on the ground of parity. 5.Let the applicant Govind Singh alias Kallu, involved in Case Crime No.271 of 2024 under sections 419, 420, 467, 468, 471, 506 I.P.C., P.S. Harpalpur, district Hardoi be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (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 Penal Code. (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. is issued and BAIL No. 12024 of 2025 2 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 Penal Code. 6. Observation(s) made herein above shall not be considered as an expression of opinion on merit of the case. December 4, 2025 kkb/ BAIL No. 12024 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench