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2025 DAILYLAW 25342 (ALL)

NARENDRA SINGH v. STATE OF U.P.

BAIL/7966/2025 · 2025-04-30

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:69330 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7966 of 2025 Applicant :- Narendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Singh,Shivam Yadav Counsel for Opposite Party :- Ashish Kumar Singh,G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application under Section 483 of B.N.S.S. has been filed on behalf of applicant for bail in Case Crime No.461 of 2021, under Section 409 IPC, Police Station - Hariparvat, District - Agra. 2. As per prosecution story, the applicant is stated to be the Field Officer in the Company, namely, Paisalo Digital Ltd. Company and he is stated to have taken money from several customers of the company and had not deposited the same in it. 3. Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and he has been falsely implicated in the instant case due to ulterior motive. It is further submitted that he has nothing to do with the said offence, the instant F.I.R. has been alleged on the basis of false and fabricated story. It is also submitted that applicant is the man of clean antecedents and he has no previous criminal history. It is further submitted that after completion of investigation, charge sheet has been filed by the investigating officer and cognizance has been taken. It is also submitted that other co-accused, Jayveer Singh has already been enlarged on bail by Co-ordinate Bench of this Court vide order dated 31.05.2024. It is also submitted that money taken by the applicant has already been deposited in the Company and compromise between the Company and the applicant has been made on 24.03.2025. A copy of compromise has been annexed as Annexure SA-1 to the supplementary affidavit. Applicant is languishing in jail since 01.02.2025. 4. Taking into consideration the aforesaid facts, it is prayed on behalf of applicant that he may be released on bail in the aforesaid crime. It is further undertaken by learned counsel for the applicant that applicant shall abide by all terms and conditions as imposed by this Court. 5. Per contra, learned AGA vehemently opposed the bail application of applicant due to the reason that as the money taken by the applicant was already deposited in the Company. 6. Heard learned counsel appearing on behalf of applicant, learned AGA appearing on behalf of the State, learned counsel appearing on behalf of complainant, perused the contents made in bail application and material available on record. 7. It is admitted fact that applicant is languishing in jail since 01.02.2025 i.e. about three months, charge sheet has been filed and cognizance has been taken; applicant is the man of clean antecedents and there is no previous criminal history against the applicant; other co-accused, Jayveer Singh has already been enlarged on bail by Co-ordinate Bench of this Court; money has already been deposited in the Company and bail application has not been opposed by the complainant, there is no material brought to the notice of this Court by learned AGA that applicant will not co-operate in trial or he may influence the witnesses and there is no possibility of completion of trial in near future. 8. Taking into consideration all the entirety of the matter as discussed above, without expressing any finding or opinion on merits of the case, the applicant is releasing on bail. Accordingly, the bail application is allowed. 9. Let the applicant - Narendra Singh, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.1,00,000/- (Rs.One Lac) and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence. (ii) 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 313 Cr.P.C./351 B.N.S.S. 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. . (Chandra Dhari Singh, J.) Order Date :- 1.5.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad