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2025 DAILYLAW 182228 (ALL)

VEER PRATAP SINGH @ GANESH SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO

BAIL/11049/2025 · 2025-11-15

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11049 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.49 of 2025 under Section 308(5), 351(3), 352, Police Station Motigarpur, District Sultanpur. In the prosecution case, it is alleged that on 09.02.2025 at about 3:00 p.m., the accused–applicant, from his mobile phone, hurled abuses and demanded Rs.2,00,000/- as extortion, and when the complainant refused to give the money, the accused threatened to kill the complainant and his family. Learned counsel for the applicant submits that it is a case of no evidence, as there is no delivery of any mobile phone, and the applicant has been falsely implicated due to enmity. It is further submitted that the FIR has been lodged after a delay of eight days without any explanation. The applicant has explained the criminal history of six cases in paragraph 11 of the bail application. Out of these six cases, he has been acquitted in two cases, and in the remaining cases he is on bail. The charge sheet has already been Versus Counsel for Applicant(s) : Sunil Kumar Counsel for Opposite Party(s) : G.A. Veer Pratap Singh @ Ganesh Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s) filed, and the applicant is in jail since 18.07.2025. 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. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration to the facts that the FIR has been lodged after a delay of eight days without any satisfactory explanation; the applicant has explained the criminal history of six cases in paragraph 11 of the bail application; out of these six cases, he has been acquitted in two cases and in the remaining cases he is already on bail; the charge sheet has been filed; and the applicant is in jail since 18.07.2025, 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. Let the applicant Veer Pratap Singh @ Ganesh Singh be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: (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. BAIL No. 11049 of 2025 2 (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 IPC (now Section 269 BNS). (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. (now Section 84 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 of the IPC (now Section 209 BNS). 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. November 15, 2025 Madhu D.R/P.S BAIL No. 11049 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench