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2025 DAILYLAW 179347 (ALL)

MAN SINGH @ RAJA MAN SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO

/12238/2025 · 2025-12-08

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12238 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.It is alleged in the prosecution case that the complainant and his accomplish Ashwani Singh went on 7.11.2023 to the village of the accused applicant to invest money in the land. Deal was finalised in Rs.30 lacs in presence of the co-accused persons. Believing them, the complainant has given Rs.10 lacs and Ashwani Singh has given Rs.2,50,000/- to purchase land, as advance. On 17.11.2025, when both of them went to the applicant at about 10.00a.m. in the office of the applicant to give the remaining money, the complainant insisted to see the papers of the land before giving further consideration amount. Then the applicant and his wife instigated the other co-accused persons to teach them a lesson. On the order of the applicant, the co-accused persons stripped the complainant naked, beat him and inserted a water bottle deep inside the anus, due to which he suffered injuries. It is further alleged that he was dragged outside while being beaten and Rs.17,50,000/- kept in the car has been looted. 3.Learned counsel for the applicant submits that the accused applicant has been falsely implicated. The co-accused persons have been granted bail in this case. The victim/complainant has not undertaken any medico legal examination which falsifies the prosecution story and makes it Versus Counsel for Applicant(s) : Vaibhav Srivastava, Vishnu Pratap Singh Counsel for Opposite Party(s) : G.A. Man Singh @ Raja Man Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko .....Opposite Party(s) improbable. The source of cash alleged to be carried and given by the complainant has not been investigated by the investigating officer. The first information report has been lodged after a delay of one year and 10 months after the alleged incident. It is submitted that since the applicant is a member of rival political party, therefore, within 10-15 days, eight cases have been slapped against the applicant. The applicant is in jail since 6.8.2025. 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. 4.Learned A.G.A. opposed the prayer for bail, however, on the basis of case diary as well as from the instructions taken by him orally from the investigating officer, he could not assign any probable reasons as to why the victim's medico legal examination has not been conducted nor he has been able to show from the record as to why no investigation has been conducted by the investigating officer regarding the source of the cash alleged to be carried/given by the complainant. 5.Considering the facts and circumstances of the case, the applicant has explained criminal history in pars 2 and 3 of the supplementary affidavit, the co-accused persons have been granted bail, first information report has been lodged after delay of one year and 10 months approximately, there is a lack of medico legal report of the victim, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail. 6.Let the applicant Man Singh alias Raja Man Singh, involved in Case Crime No.655 of 2025 under sections 420, 323, 395, 386, 506, 342 I.P.C., P.S. Poorakalandar, district Ayodhya 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 prosecution evidence during the BAIL No. 12238 of 2025 2 trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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 and he shall appear on each and every date fixed by the trial 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. Any other condition(s) which the trial court/court concerned may deem fit and proper, in the circumstances of the case, may also be imposed. 7.The application is allowed accordingly. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merit of the trial. December 8, 2025 kkb/ BAIL No. 12238 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench