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2025 DAILYLAW 191406 (ALL)

SANJAY SINGH v. STATE OF U.P.

BAIL/34975/2025 · 2025-10-09

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34975 of 2025 Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 2. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel for the applicant has submitted that the applicant had filed an application under Section 156(3) Cr.P.C., on 28.07.2023 with regard to the incident alleged to have taken place on 03.07.2023 and as a counter blast to the same, the victim, who is major married lady has also filed an application under Section 156 (3) Cr.P.C. dated 10.08.2023 against the applicant and two other with regard to the incident alleged to have taken place on 02.06.2020, without there being any plausible explanation of such an inordinate delay, which application was rejected by the learned trial Court vide order dated 22.01.2024 against which, revision was filed which was allowed and the matter was remitted to trial Court to decide the matter a fresh. Pursuant to the order 15.01.2025 passed by learned revisional Court, the learned Magistrate directed for registration of the F.I.R. which was lodged on 17.05.2025. Learned counsel argued that during the COVID Pandemic, the victim and her husband lost job and they came to the applicant for job, which could not be provided by the applicant but the victim and her husband were exerting pressure upon the applicant to provide job and on 03.07.2023, the victim and her husband threatened him to give Rs. 10 lacs for which, incident the applicant has filed an application under Sect ion 156 (3) Cr.P.C., and only to escape from the same, the victim has initiated the false prosecution Versus Counsel for Applicant(s) : Ajay Kumar Pandey, Anamika Singh Counsel for Opposite Party(s) : G.A. Sanjay Singh .....Applicant(s) State of U.P. .....Opposite Party(s) based on concocted story. It is thus contended that the applicant has been falsely implicated in the present case due to ulterior motive. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 10.08.2025 having no criminal history. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. 4. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed. 5. Let applicant Sanjay Singh involved in Case Crime No.310 of 2025 under Sections 376, 406, 506 I.P.C., Police Station Beeta-2 Greater Noida, Commissionerate Gautambudh Nagar, be released on bail on furnishing a personal bond and two local heavy sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. BAIL No. 34975 of 2025 2 v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. October 10, 2025 S.Ali BAIL No. 34975 of 2025 3 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad