Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 23231 (ALL)

JAGAT SINGH ALIAS TANSU v. STATE OF U.P.

BAIL/6910/2025 · 2025-04-06

Samit Gopal

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:50091 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6910 of 2025 Applicant :- Jagat Singh Alias Tansu Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Kumar Dubey,Rakesh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Rakesh Kumar Pandey, learned counsel for the applicant, Sri Ajay Singh, learned A.G.A.-I for the State and perused the records. 3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Jagat Singh Alias Tansu, seeking enlargement on bail during trial in connection with Case Crime No. 647 of 2024, under Sections 111, 318, 336(3), 61(2), 340(2), 352, 351(3) B.N.S., 2023 and Section 3/21 of Banning of Unregulated Deposit Scheme Act, 2019, Police Station Kotwali Lalitpur, District Lalitpur. 4. The first information report of the present matter was lodged on 26.07.2024 by Dhaniram Ahirwar against 05 named persons. The applicant is not named therein. 5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present matter only because of the reason that he was working as an Advisor / Agent of a company named as LUCC Company (The Loni Urban Multi State Credit and Thrift Co-operative Society) which was a multi state co- operative society registered before the Central Registrar of Co- operative Society, New Delhi. It is submitted that identically placed co-accused Mahesh Prasad Rajak and Satish Chandra Jain, have been granted bail by a co-ordinate Bench of this Court vide orders dated 05.02.2025 and 27.02.2025 passed in Criminal Misc. Bail Application No. 2707 of 2025 and 3204 of 2025, the copy of the said orders have been produced before the Court which are taken on record. Further it is submitted that co-accused Dwarika Prasad Jha has been granted bail by this Court vide order dated 05.4.2025 passed in Criminal Misc. Bail Application No.6584 of 2025, copy of the said order has been produced before the Court which is taken on record. Further while placing paragraph 37 of the affidavit it is submitted that in cases of identical nature the applicant was involved in 09 other cases. The applicant is in jail since 22.07.2024. 6. Per contra, learned counsel for the State opposed the prayer for bail. 7. After having heard learned counsel for the parties and perusing the record, it is evident that the applicant is not named in the first information report. The applicant was working as an agent in LUCC Company. Identically placed co-accused Mahesh Prasad Rajak, Satish Chandra Jain and Dwarika Prasad Jha have been granted bail. The criminal history of the applicant has been explained. 8. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 9. Let the applicant- Jagat Singh@Tansu, be released on bail in the aforesaid case crime number on 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 prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 B.N.S.S., 2023 may be issued and if 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 209 B.N.S., 2023. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 269 B.N.S., 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 10. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 11. The bail application is allowed. 12. Pending application (s), if any, shall stand disposed of. (Samit Gopal,J.) Order Date :- 7.4.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad